Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders
Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders
Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The state appeals court then said that as to some of them, it was all a mistake. They sued, alleging inter alia that they were entitled to the process used for revocation of parole rather than subject to "retake orders" without notice or hearing. Since the defendants were engaged in a good faith effort to put into effect a state appellate court decision, they were entitled to qualified immunity. See: Henderson v. Simms, 54 F.Supp.2d 499 (D.Md. 1999).
Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The state appeals court then said that as to some of them, it was all a mistake. They sued, alleging inter alia that they were entitled to the process used for revocation of parole rather than subject to "retake orders" without notice or hearing. Since the defendants were engaged in a good faith effort to put into effect a state appellate court decision, they were entitled to qualified immunity. See: Henderson v. Simms, 54 F.Supp.2d 499 (D.Md. 1999).
Related legal case
Henderson v. Simms
| Year | 1999 |
|---|---|
| Cite | 54 F.Supp.2d 499 (D.Md. 1999) |
| Level | District Court |
| Injunction Status | N/A |