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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- Newell Superseded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:
- 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.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- California Supreme Court Limits Money Bail for Nonviolent Charges, July 1, 2026. Conditions of Confinement, Sentencing, Due Process, Constitutional Challenges/Law, Pretrial Detention and Detainees.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- New York Governor Appoints Ex-Prisoner to State Oversight Role, July 1, 2026. Classification, Misconduct/Corruption, Conditions of Confinement, Prison Legal News documents, Prisoners' Rights.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- New York to Become First State to Require Judges to Visit Prisons, July 1, 2026. Classification, Conditions of Confinement, Staffing, Prisoner Privileges.

