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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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More from this issue:
- Three Strikes in California, by Willie Wisely
- 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
- CRIPA Stays Not Appealable
- 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:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.