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Inadequate Jail Staffing Violates Due Process
Loaded on April 15, 1997
published in Prison Legal News
April, 1997, page 13
The court of appeals for the fifth circuit held that a jail staffing practice that allowed a lone male guard to oversee female detainees could be held to violate due process after a woman detainee was raped by a guard. The court held that financial considerations alone do not justify …
Filed under:
Staff-Prisoner Assault,
Conditions of Confinement,
Staffing,
Jail Specific,
Municipal Liability.
Location:
Texas.
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More from this issue:
- US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto, by Paul Wright
- California EFV Injunction Reversed
- California Slashes Family Visits, by Willie Wisely
- From the Editor, by Paul Wright
- Law's Nature, by Mumia Abu-Jamal
- A Matter of Fact
- PLRA Consent Decree Termination Provision Unconstitutional
- Reversal of Frivolous Dismissal Voids PLRA Strike
- PLRA Applied to Attorney Fees
- Prisoners Retain Right to Safety
- Philadelphia Fined for Degrading City Prisons
- Racial Violence in California Lockups, by Willie Wisely
- Florida Private Prison Criticized, by Dan Pens
- Impregnated Arkansas Prisoner Wins Suit
- No Double Jeopardy in Massachusetts Disciplinary Hearings
- Inadequate Jail Staffing Violates Due Process
- Ohio Jail Construction Corruption?
- No Immunity for Eighth Amendment Violation in Rectal Search
- Beating and Strip Cell Require Trial
- Farmer Remanded Again, for Discovery
- Connecticut Supreme Court Upholds Phone and Mail Restrictions
- Drug Sales Boom in Wisconsin Prisons
- Virginia Felons Disenfranchised
- A Native American Resource
- Ex-Sheriff Sex Offender Retains Pension
- FJC Prisoner Litigation Guide
- Louisiana Jail Abuse Settlement
- Texas Lawyers Unhappy About Conscription
- ABA Calls for Halt to Executions
- CBCC Associate Superintendent Resigns
- Copying Claims Not Barred by Res Judicata
- News in Brief
- Double Celling States Eighth Amendment Claim
- Seventh Circuit Analyzes RFRA
More from these topics:
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliatory Segregation, Prison Rape Elimination Act.
- Prisoners in Norfolk, Virginia Left on Extended Lockdown, May 1, 2026. Staffing, Lockdowns, Telephone Access, Extended Family Visiting, Failure to Protect (Staff).
- Nearly 50 People Have Died in ICE Custody Since Trump’s Return to White House, May 1, 2026. LaSalle Management Company, Systemic Medical Neglect, Staffing, Suicides, Immigration Detention.
- Oklahoma DOC Paid Prison Guards $35.5 Million in Overtime in 2025, May 1, 2026. DOC/BOP misconduct, Cost of Prison Systems, Totality of Conditions, Staffing, Staff Training.
- 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.
- Negligence, Lack of Training at Ohio’s Cuyahoga County Jail Led to String of Deaths, May 1, 2026. Systemic Medical Neglect, Drug Overdose, Jail Specific, Failure to Train/Supervise, Medical Neglect/Malpractice.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- $750,000 Paid by NaphCare for New York Jail Suicide, May 1, 2026. Naphcare, Jail Specific, Medical Neglect/Malpractice, Suicides, Cruel and Unusual Punishment.

