We do not doubt that Parkell’s belief system—which he characterizes as “Jewish/Wicca”—is novel. But “officials can still be on notice that their conduct violates established law even in novel factual circumstances.”...AP reports on the decision.
Friday, July 14, 2017
Novel Facts Do Not Assure Qualified Immunity In Prisoner Suit
In Parkell v. Senato, (3rd Cir., July 11, 2017), the U.S. 3rd Circuit court of Appeals vacated a Delaware federal district court's grant of qualified immunity to prison officials who refused an inmate's request for a kosher diet. The court said in part:
