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Failure to Protect States Claim
Loaded on July 15, 1996
published in Prison Legal News
July, 1996, page 17
The court of appeals for the fifth circuit held that a district court erred in dismissing as frivolous a suit by a prisoner claiming his eighth amendment rights were violated when they failed to protect him from attack by other prisoners. Billy Horton, a Texas state prisoner, was assaulted by …
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Eighth Amendment,
Frivolous Litigation,
Complaints.
Location:
Texas.
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More from this issue:
- Prison Litigation Reform Act Passed, by Paul Wright
- Zimmer Amendment Passed
- From the Editor, by Paul Wright
- Double Justice: A Documentary Film About Race and the Death Penalty
- New Jersey Jail Guards Indicted in Beating Death
- Visiting in Prison (Video)
- A Matter of Fact
- Prisoner Accounts Add Up to Millions
- Alabama Prison Chief Fired over Women in Chains
- Prison: An Entitlement System?
- Segregation Enhancement May Violate Due Process
- Haircut Rule May Violate Equal Protection
- No Immunity for Washington Religious Name Retaliation
- $1.44 Million for Medical Indifference
- Warden Liable for Prison Rape
- Newell Superseded
- New Jersey Governor Vetoes Frivolous Bill
- Minnesota Prisoners Strike for Minimum Wage
- New York Work Release Creates Liberty Interest
- Private Prison Executive Sentenced in Fraud Scheme
- No Right to Wages Under Interstate Compact
- New York Prisoners Entitled to Disciplinary Due Process
- Arizona Held in Contempt over Masters' Fees
- Washington Legislation Passed
- Alaska Prisoner Has Right to Call Witnesses at Hearing
- Attorney Fees Awarded in Death Row Brutality Case
- Retaliatory Transfer and Discipline Unconstitutional
- Mysterious New Syndrome Discovered
- Jail Detainee's Court Access Right Violated
- Failure to Protect States Claim
- Furniture Manufacturers Threatened by UNICOR
- Massachusetts Phone Injunction Affirmed
- Legal Services Funding Cut
- Khalfani Trial Due to Begin
- Bivens Provides Remedy for Work Injury to BOP Prisoners
- Gang War Assault States Claim
- Muslim Can't Be Punished for Refusal to Handle Pork
- Cavity Search in Public States Claim
- News in Brief
- U.S. Supreme Court to Review Cases
More from these topics:
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.
- The St. Louis Jails Are Running Out of Guards, Feb. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Staffing, Hygiene Supplies, Suicides.
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026. DOC/BOP misconduct, Prison/Jail Murders, Failure to Protect (General), Staffing, DOJ CRIPA Actions.
- Sixth Circuit Reinstates Lawsuit Over Failure to Properly Classify Violent Prisoners at Kentucky Jail, Feb. 1, 2026. Failure to Protect (General), Fourteenth Amendment, rights, Pretrial Detention and Detainees, Monell Liability, Prison Classification.
- Georgia Grand Jury Dings Augusta Jail for Overcrowding Days Before Violent Detainee Assault, Feb. 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).
- California Funds $38 Million Pilot Program to Investigate Methods for Cooling Three Prisons, Jan. 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Eighth Amendment, Exposure to Heat, Deliberate Indifference.
- $3.3 Million Verdict for Detainee’s Fatal Fentanyl Overdose in Southern California Jail, Jan. 1, 2026. Failure to Protect (General), Failure to Train/Supervise, Failure to Treat (Mental Illness), Monell Liability, Deliberate Indifference.
- As California Limits Water Use, People in Prison Face Punishment for Showering, Jan. 1, 2026. Overcrowding, Eighth Amendment, Environmental Law, Water, Sanitation.
- New York City Jails Face Mounting Death Toll Ahead of Likely Receivership, Jan. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $4 Million Paid to Former Rikers Island Detainee Whose Reports of Repeated Rapes Were Ignored, Jan. 1, 2026. Prisoner-Prisoner Assault, DOC/BOP misconduct, Failure to Protect (General), Security Systems, Deliberate Indifference.

