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$1.1 Million Award in Sexual Assault
Loaded on April 15, 1998
published in Prison Legal News
April, 1998, page 10
The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage award for the prisoner plaintiff.
Filed under:
Staff-Prisoner Assault,
Guard Misconduct,
Civil Procedure,
Damages,
State Law Claims,
Municipal Liability,
Sovereign Immunity.
Location:
Texas.
In February …
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More from this issue:
- Rural Prison as Colonial Master, by Christian Parenti
- French Robertson Prisoner Wins Suit
- Texas Warden Not Victim of Staff Assault, by T.Q.
- In Memory - Reverends Ernest Bromley and Maurice McCrackin, by John Perotti
- Mystery of Guard's Death Unlocked, by B K
- From the Editor, by Dan Pens
- Weights Banned in California, by Willie Wisely
- The Limits of the Law, by Mumia Abu-Jamal
- Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review
- Even Nominal Damages May Justify Attorney Fee Award
- $9,500 Award for Involuntary Psychotropic Drugging Affirmed
- MA and WA Parole Suits Not Cognizable Under § 1983
- Folsom New Year's Riot Over Haircut Policy
- Community Notification Upheld by Three Circuits
- $1.1 Million Award in Sexual Assault
- Failure to Protect Informant Claim Set for Trial
- $225,000 Jury Award in CDC Shooting Affirmed
- BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements
- BJS Reports Prison Litigation Statistics
- PLRA Termination Provisions Constitutional
- Prolonged SHU Confinement May Implicate Liberty Interest But No Damages
- BOP Exceeds Statutory Authority in Denying Sentence Reduction
- News in Brief
- Pretrial Detainees Not Covered by FLSA
- Damage Award and Attorney Fees in Censorship Suit Affirmed
- U.S. Liable for Loss of Prisoner's Property
- 4th Circuit Establishes Detainee Excessive Force Standard
- PA DOC Not 'Victim' for Restitution Purposes
- Heck Applied to Segregation Claims
- No Immunity for Hearing Officer's Failure to Examine CI Credibility
- No Immunity in Jail Suicide for Medical Contractor
- $450,000 Award in Sexual Assault Case Not Excessive
- 5th Cir. Holds IFP Dismissals Are With Prejudice
- No Immunity for Smoke Exposure
- Florida Prisoners Have Property Interest Under DOC Rules
- Refusal to Waive Interest States Claim
- Alaska Computer Printer Ban Questioned
- Conditions in Camden County Jail Unconstitutional
More from these topics:
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- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- New York State Moves to Dismiss Hundreds of Prison Sexual Assault Lawsuits, Feb. 1, 2026. Staff-Prisoner Assault, DOC/BOP misconduct, Prosecutor/Attorney General Misconduct, Authority and Jurisdiction, Access To Courts.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Amnesty International Report Claims Torture and Enforced Disappearances at “Alligator Alcatraz”, Jan. 1, 2026. Guard Misconduct, Totality of Conditions, Detention - Generally, Cruel and Unusual Punishment, Confinement in Segregated Housing.
- The Legal Fight for Homeowner Compensation After SWAT Raids, Dec. 15, 2025. Sovereign Immunity, Fifth Amendment, Constitution, state, Destruction of Property.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Sixth Circuit Affirms Denial of Qualified Immunity to Michigan Warden Whose Guards Gave Prisoner Plastic Bag Used in Suicide, Dec. 1, 2025. Guard Misconduct, Qualified Immunity, Failure to Train/Supervise, Suicides, Deliberate Indifference.
- Hawaii Prison Warden Reinstated After Being Fired in 2014 for Sexual Harassment, Dec. 1, 2025. Staff-Prisoner Assault, Supervisor-Staff Harassment, Guard Misconduct, Racial Discrimination, Employee Litigation.