PRISONERS: Inmate’s suit against former guard for allegedly planting meth in cell improperly dismissed for failure to exhaust administrative remedies… Haddon reversed (memorandum). [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Prisoners, alleged failure to protect from rival gang
PRISONERS: §1983 claims against MSP officials related to failure to protect from assaults by rival gang properly rejected on summary judgment… Johnston/Christensen affirmed (memorandum). [Read more…]