×
You've used up your 3 free articles for this month. Subscribe today.
Fear Constitutes Actual Injury
Loaded on Aug. 15, 1995
published in Prison Legal News
August, 1995, page 20
A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner in protective custody. He claimed …
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Eighth Amendment,
Physical Injury Rule.
Location:
Illinois.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Supreme Court Guts Due Process for Prisoners
- Pelican Bay Ruling Issued
- WA Passes Record Anti-Prisoner/Defendant Legislation, by Paul Wright
- IFP Dismissal Reversed
- Martinez Hearing Reversed
- INS Deportation Hearings Required Prior to Release, by Boyd F Campbell
- Qualified Immunity RA Defense
- Shackled Litigant Denied Due Process
- ID Rider Program Creates Liberty Interest
- 8th Amendment Discussed
- Outgoing Mail Censorship Illegal
- Translators Required for Medical Interviews
- Detainees Entitled to Non-Punitive Conditions
- No Immunity for Smoke Exposure
- OR DOC To Ban Smoking
- Hearing No Substitute for Trial
- Fear Constitutes Actual Injury
- From The Editor, by Paul Wright
- News in Brief
- Police, Death and Inquests, by Adrian Lomax
- From Senegal in Struggle, by Demba Diop
More from these topics:
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- $30,000 Settlement Reached in Virginia Jail Death That Put Richmond Lockup Under State Oversight, Aug. 1, 2026. Jail Misconduct, Failure to Protect (General), Staffing, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- The Exceptionally High Murder Rate Inside Maryland’s Prisons, Aug. 1, 2026. Prison/Jail Murders, Failure to Protect (General), Staffing, Security Systems, Administrative Detention/Segregation.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.