×
You've used up your 3 free articles for this month. Subscribe today.
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 …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- 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.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- 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.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- 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 Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- 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.

