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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:
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- 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.
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.

