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Prisoners Retain Right to Safety
Loaded on April 15, 1997
published in Prison Legal News
April, 1997, page 10
The court of appeals for the second circuit held that a district court erred in dismissing a prisoner's failure to protect claim on the basis that the prisoner could not name his attackers beforehand. The court also held that district courts cannot resolve conflicting deposition testimony by granting summary judgment …
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Eighth Amendment,
Summary Judgment.
Location:
New York.
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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:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026. Sexual Assault, Failure to Protect (General), Class Certification, Prison Rape Elimination Act, Appealable Issues/Orders.
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, Deliberate Indifference.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026. Disabled Prisoners, Hygiene Supplies, Summary Judgment, Americans with Disabilities Act, Deliberate Indifference.
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.