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West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape
Loaded on Dec. 31, 2015
published in Prison Legal News
January, 2016, page 39
Filed under:
Staff-Prisoner Assault,
Failure to Protect (General),
Summary Judgment,
Failure to Train/Supervise.
Location:
West Virginia.
West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape
In a March 27, 2014 decision, the Supreme Court for the state of West Virginia held that a female prisoner who claimed she had been raped multiple times by a guard could not sue the jail authority. The victim, ...
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More from this issue:
- Two Suicides at Privately-operated Pennsylvania Facility
- Denver Wins Sexual Harassment Suit Filed by Former Jail Captain; Tenth Circuit Affirms, by Matthew Clarke
- Numerous Deaths at Nevada Prison Raise Questions, Concerns, by Christopher Zoukis
- Ohio Prisoner’s Estate Awarded $350,000, by Derek Gilna
- $183,000 in Settlements for Sexually Abused Pennsylvania Prisoners, by David Reutter
- Oklahoma Prisoners Develop Software which Could Save the State Millions, by Christopher Zoukis
- Conn. Guard Gets 90 Days, Probation for Sex with Prisoner
- Colorado Court Finds Book Limitation Policy Violates Prisoner’s Religious Rights, but Case Reversed on Appeal, by David Reutter
- Family of Prisoner Who Died from Allergic Reaction Settles Lawsuit for $2.4 Million, by Christopher Zoukis
- Federal Court Certifies Class-action for Thousands of Detroit Prisoners, Enters Default Judgment, by Derek Gilna
- Are We There Yet? The Promise, Perils and Politics of Penal Reform, by Marie Gottschalk
- Opposition to the Death Penalty Grows with High-Profile Support, by Christopher Zoukis
- Pope Francis Calls for Worldwide Prison Reform, Support and Hope for Prisoners, by Christopher Zoukis
- PLN Intervenes, Unseals Settlement in CCA Fair Labor Standards Act Case, by David Reutter
- Report: Nearly One in Four Exonerations Involves Crimes that Never Occurred, by Christopher Zoukis
- Getting the Money Out of Prison Reform, by Dan Berger
- A Clean Slate: Prisoners Taking Advantage of Tattoo Removal Programs, by Christopher Zoukis
- Criticism of Congressional Mandate to Keep Immigration Detention Centers Full, by Derek Gilna
- Report Calls for End of Welfare and Food Stamp Restrictions for Felony Drug Offenders, by Derek Gilna
- California Prisoner Exonerated but Now Faces Deportation
- President Obama “Bans the Box” at Federal Government Agencies, by Derek Gilna
- Washington State: Class-action Alleges DOC Policy of Denying Medical Care, by Derek Gilna
- Tulsa, Oklahoma Settles Four Wrongful Conviction Lawsuits for $810,000, by Matthew Clarke
- $130,000 Settlement in Minnesota Prisoner’s Medical Negligence Suit, by Matthew Clarke
- West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape
- Texas Grand Jury Indicts Two Jailers in Prisoner’s Death; Others Face Discipline
- Tragic Death at Washington Jail Results in Changes, $1.3 Million Settlement, by Lonnie Burton
- Connecticut Prisoner Obtains Settlement in Civil Rights Case, by Derek Gilna
- Why are Alameda County Jails Forcing Women to Take Pregnancy Tests?, by Susie Cagle
- Texas Hospital Settles Suit over Improper Border Patrol Search for $1.1 Million, by Matthew Clarke
- Georgia: $453,000 Jury Verdict against Private Jail Medical Contractor, by David Reutter
- California Court Upholds Prisoners’ Convictions for Fatal Jail Beating, by Derek Gilna
- Seventh Circuit Rules Wisconsin Prisoner’s Religious Rights Must be Honored, by Derek Gilna
- Prison Legal News Settles New Mexico Jail Suit for $235,000, by Derek Gilna
- Study Finds Private Prisons Keep Prisoners Longer, Without Reducing Future Crime, by Peter Kerwin
- Seventh Circuit Rejects Prisoner’s 1983 Claim but Criticizes Controlling Precedent, by Derek Gilna
- Utah Judge Orders Jail to Stop Seizing Prisoners’ Money for Pay-to-Stay Fees, by Matthew Clarke
- One of the Largest Solar Power Companies in the U.S. has Ties to Prison Slave Labor, by Panagioti Tsolkas
- Michigan: Private Prison More Costly than State-Run Prison, Attracts Out-of-State Contracts, by David Reutter
- California Officials Reverse Position after Receiving Prison Phone Company Contributions, by Derek Gilna
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
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- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed, April 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Retaliation for Litigating, Retaliation for Filing Grievances, Whistleblowing, Retaliatory Searches, Retaliatory Segregation, Systemic Medical Neglect, Failure to Treat, Staffing, Preliminary Injunctions/TRO's, Special Masters, Failure to Treat (Mental Illness), Special Master.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- Alabama Prisons Facing Third Class-Action Lawsuit, March 1, 2024. Parole Board Misconduct, Prison Labor, Failure to Protect (General), Staffing, Guard Brutality/Beatings, Failure to Treat (Mental Illness), Assaults on Staff.
- BOP Pays $40,000 to Prisoner Sexually Assaulted at Florida Lockup by Guard, Who Must Pay Her $1 Million, March 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Prison Rape Elimination Act.
- Lawsuit Claims Seattle’s King County Jail Shows Little Improvement in Quarter Century Since “Hammer Agreement”, March 1, 2024. Jail Misconduct, Failure to Protect (General), Jail Specific.
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024. Staff-Prisoner Assault, Jail Misconduct, Strip Searches, Qualified Immunity, Immunity - Absolute and Qualified, Searches - Body/Strip, Immunity, Non-Consensual.
- BOP Slammed for Prisoner Abuse in Now-Shuttered Segregation Unit at USP-Thomson in Illinois, Feb. 1, 2024. Retaliation for Media Contact, Retaliation for Filing Grievances, Retaliatory Segregation, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).