×
You've used up your 3 free articles for this month. Subscribe today.
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation
Loaded on Nov. 15, 1997
published in Prison Legal News
November, 1997, page 20
The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison conditions are not entitled to qualified immunity. John Babcock, a federal ...
Filed under:
Transfers,
Gang Policies,
Retaliation for Filing Grievances,
Retaliatory Transfers,
Crime/Demographics,
Informants,
Failure to Protect (General),
Eighth Amendment,
Damages,
Qualified Immunity.
Locations:
Illinois,
Indiana.
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:
- Private Transportation Firms Take Prisoners for a Ride, by Alex Friedmann
- Escaped Prisoner Rides into Sunset
- Tensions Rise in Ohio Prisons
- From the Editor, by Paul Wright
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Oklahoma Pulls Out of TX Rent-A-Jail
- DOJ to Probe Texas Rent-A-Jail
- 'Training Video' Reveals Beatings in Texas Rent-A-Jail
- ACLU and PLN Challenge Washington DOC Censorship
- Alive Today! Death Row Calling U.S.A.
- Texas Parole Case Reversed
- PLN Editor Settles Retaliation Suit
- Ohio Prison Doctor Liable in Asthma Death
- Detention and Corrections CaseLaw Catalog, by Paul Wright
- Criminal Practice Handbook, by Paul Wright
- Restoring Justice, by Dan Pens
- Civil Disabilities of Convicted Felon: A State-by-State Survey, by Jon Marc Taylor
- Texas Mandatory Release Statute Creates Liberty Interest
- A Matter of Fact
- NM Prisoners Refuse to Break Rocks
- BOP Sentence Reductions Cannot Be Denied Retroactively
- Former Prison Security Chief Convicted, by Julia Lutsky
- Attention Foreign Nationals, by A.I.C.A.P.
- Prisoner Literacy Obscure & Outdated, by Laura Whitehorn
- Sewing Our Own Destruction, by Ray Luc Levasseur
- Prisoner Calls Big Business in CA, by D.R.
- Trailers for Tana, by Art Longworth
- Electronic Guards of the Future?, by B.S.
- Exiled From Idaho, by D.M.
- Media Allowed Access to CA Executions
- PLRA Exhaustion Requirement Jurisdictional
- 3rd Cir. Applies 'Imminent Danger' Exception to PLRA 3 Strikes
- Factual Findings Required in 8th Amendment Suit
- Attica Justice -- Served 26 Years Later
- Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation
- Pepper Spray Uprising in Arkansas
- Washington Officials Liable for Seizing Court Tape
- Fourth Amendment Forbids Taping of Jail Confession to Clergy
- News in Brief
More from these topics:
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025. Eighth Amendment.
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- 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).
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025. Eighth Amendment, Settlements, Control Units/SHU/Solitary Confinement.
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025. Guard Misconduct, Failure to Protect (General), Protective Custody, Official Investigation.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.