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Qualified Immunity in Failure to Protect Claim
Loaded on Dec. 15, 1997
by James Quigley
published in Prison Legal News
December, 1997, page 20
By James Quigley
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Summary Judgment,
Appeals,
Qualified Immunity.
Location:
Virginia.
The court of appeals for the fourth circuit, sitting en banc, held that there is no constitutional violation when unarmed prison guards fail to immediately intervene to protect a prisoner from assault by an armed prisoner; that the failure of prison officials to immediately confiscate the alcoholic ...
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More from this issue:
- Massachusetts Prisoner PAC Assailed by Governor, DOC, by Dan Pens
- Prisoner PAC Announces Formation
- Trial Required in Retaliation Claim
- Arizona Holiday Package Decree Modified
- Supreme Court Rulings Trickle Down: Washington Civil Commitment
- From the Editor, by Dan Pens
- Supreme Court Rulings Trickle Down: WA Good Time
- Arizona Death Row Chain Gang Killing
- Supreme Court Rulings Trickle Down: RFRA
- Pro Se Tips and Tactics (Summary Judgments), by John Midgley
- Ohio Overtime Gravy
- Leon County Employees Replaced by Slaves
- Private Prisons Cheaper?
- Jury Awards $201,501 to Raped Indiana Prisoner, by John Emry
- AEDPA Applies to Prison Disciplinary Hearings
- The Poor Get Poorer - The Rich Get Prisons
- Uprisings in New York State Prisons, by Julia Lutsky
- A Matter of Fact
- NJ Guards Threaten Walkout Over Vests
- Second Circuit Approves Disciplinary Hearing Surcharge
- Utah Prisoners May Build Own Cages
- AA Still Violates the Establishment Clause
- U.S. and Russia Reaching Record Levels of Incarceration
- Eleventh Circuit Approves and Applies the PLRA, by James Quigley
- Fifth Circuit Rules on Appeals to Denials of IFP Status
- D.C. Prisoners Win No Smoking Injunction
- More Ohio Jail Construction Corruption
- Frivolous State Litigation, by Paul Wright
- GAO Reports Available: Private and Public Prisons, by Julia Lutsky
- GAO Reports Available: Federal and State Prisons, by Julia Lutsky
- Pepper Spray Report, by Julia Lutsky
- New York State Drug Sentencing Report, by Julia Lutsky
- The Abuse of U.S. Women Prisoners, by Julia Lutsky
- Qualified Immunity in Failure to Protect Claim, by James Quigley
- Montana Prisoners Have Liberty Interest in Classification Hearings, by Danny Arledge
- WA Officials Liable for Seizing Court Tape
- VI Decree Modification Denied Under PLRA, DOC Held in Contempt
- CCA Unveils Aggressive New Marketing Ploy
- Federal Jail in NYC a Mob Social Club?
- Peruvian Prisoners Rebel, by Dan Axtell
- Washington Sex Offender Notification Enjoined
- DC DOC Official Convicted of Contempt
- New Jersey Jail Brutality Settlement
- Man Jailed for Saying 'No' to TB Drugs
- Prisoner Awarded $30,001 in Beating Suit
- More Evidence Required in Retaliatory Infractions
- Counselor Liable in Failure to Protect Claim
- Americans with Disability Act Applies to Jails
- Alabama AG Moves to Dissolve 17 Consent Decrees
- Knowledge of Risk May Establish 8th Amendment Liability
- News in Brief
More from James Quigley:
- BOP Ban on R-Rated Movies Challenged, July 15, 2003
- Alabama DOC Settles Mental Health Class Action, July 15, 2003
- AZ Medical Copayment Not Retroactive, Jan. 15, 2001
- Iowa Segregation Suit Settled, Jan. 15, 2001
- Irradiation Limitation Remains Unsettled, Nov. 15, 2000
- HIV+ Prisoners Not Qualified For Rehabilitation Act Benefits, April 15, 2000
- PLRA Physical Injury Requirement Constitutional, Sept. 15, 1999
- $60,000 Judgement Against Florida DOC Reinstated, May 15, 1998
- Florida PRIDE Employees Denied Minimum Wages, Feb. 15, 1998
- Eleventh Circuit Approves and Applies the PLRA, Dec. 15, 1997
More from these topics:
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- Cruelty Is Now the Point for BOP, May 1, 2025. Conditions of Confinement, Bureau of Prisons (BOP), Cruel and Unusual Punishment, Lethal Injection Method of Execution.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
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- DOJ Finds “Horrific” Unconstitutional Conditions at Atlanta Jail, April 1, 2025. Misconduct/Corruption, Malpractice, Conditions of Confinement.
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025. Prison/Jail Murders, Conditions of Confinement, Staffing, Cruel and Unusual Punishment.
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path, March 1, 2025. Failure to Protect (General), Fire Hazards.
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- ‘Eye Opening’ Self-Harm Found in Washington DOC Solitary Confinement, March 1, 2025. Failure to Protect (General), Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Washington Prisoner Sues Jail Where Assault Left Him Comatose, DOC Guard Who Then Sexually Abused Him, March 1, 2025. Prisoner-Staff Assault, Guard Misconduct, Jail Misconduct, Sex Offender Registration, Failure to Protect (General).