×
You've used up your 3 free articles for this month. Subscribe today.
$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 ...
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:
- 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:
- Now Under Federal Receivership, New York City’s Rikers Island Jails Still Have No Plan to Improve, No Firm Date to Close, Aug. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Corrections Audits, Systemic Medical Neglect, Medical Records, Eighth Amendment.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- California Prisoners Sue Gynecologist for Sexual Abuse, Aug. 1, 2025. Staff-Prisoner Assault, Class Certification.
- Former Maine Prison Guard Arrested and Detained by ICE Agents, Aug. 1, 2025. Guard Misconduct, Guards/Staff, Immigration Law/Offenses.
- $75,000 for Transgender Maryland Prisoner Raped by Guard, Aug. 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act, Failure to Protect (Transgender).
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.