Wednesday, August 10, 2011

Sixth Circuit -- Jasen Barker v. Andrew Goodrich

Jasen Barker v. Andrew Goodrich 

S1983 prisoner suit alleging violations of 8th Amendment.

District Court grant of immunity to the prison reversed, as immunity is an affirmative defense which must be raised by the claimant.

Monetary S1983 claims against individuals acting in their gov't capacity barred by 11th Amendment, injunctive relief may continue to be sought.

District Court grant of qualified immunity to deft's reversed, as the violations of rights were clear (for no reason, plaintiff spent 12 hours handcuffed to wall)





Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.