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No Immunity for Failure to Protect Prisoner from Violence
Loaded on Dec. 15, 1996
published in Prison Legal News
December, 1996, page 21
The court of appeals for the eighth circuit held that prisoners have a clearly established right to be protected from violence by other prisoners. The court also gave a detailed discussion of appellate jurisdiction in reviewing interlocutory appeals by prison officials who have been denied qualified immunity at the trial …
Filed under:
Injury -- Misc.,
Conditions of Confinement,
Failure to Protect (General),
Damages,
Appeals,
Qualified Immunity.
Location:
South Dakota.
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- Censorship of Rap Tape States Claim
- Analysis of People v. Romero
- Hungry for Justice in L.A. Jail
- From the Editor, by Dan Pens
- Transportation Costs Can't Be Imposed on Losing Plaintiffs
- A Matter of Fact
- Pro Se Tips and Tactics, by John Midgley
- Black Prison Movements
- Washington Prisoners Lose Computers, Again, by Paul Wright
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- Botched Escape Sparks Rebellion
- Texas Guard Cleared in Controversial Shooting
- Twelve Political Prisoners Gave their Lives in a Death Fast in Turkey
- Motive in Denying Due Process Irrelevant
- Georgia Prisoners Retain Right to Safety
- Upsizing Federal Law Enforcement
- ADA Ruling for Deaf New York Prisoners
- New York Voting Rights Case Vacated
- Iowa DOC Shake-Up, by Michael Brant
- PLRA Stay Provision Held Unconstitutional
- PLRA Not Retroactively Applicable to Special Masters
- Attorney Fees Awarded in Smoking Suit
- PLRA Not Applicable to Appeals Filed before Passage
- PLRA Not Retroactive on Attorney Fees
- Update on Washington Money Seizure Suit
- Habeas Required for Disciplinary Hearing Challenges
- Prison Officials Liable for Double Celling
- No Immunity for Failure to Protect Prisoner from Violence
- PI Granted on Winter Clothing Claim
- News in Brief
More from these topics:
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025. Conditions of Confinement, Failure to Protect (General), Staffing, Exercise, Lockdowns, Control Units/SHU/Solitary Confinement, Guards/Staff, Staff Training.
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025. Failure to Protect (General), Food, Staffing.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing, Aug. 1, 2025. Failure to Protect (General), Overcrowding, Bedding.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025. Systemic Medical Neglect, Failure to Treat, Qualified Immunity.
- California Prison Plagued by Toxic Water and Chronic Illness, July 15, 2025. Conditions of Confinement, Toxic Fumes/Chemicals, Environmental Law, Plumbing, Sewage, Water.