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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:
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
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- Warden Out, Nineteen Guards Administratively Charged in Maryland Prisoner’s Death, Aug. 1, 2026. Guard Misconduct, Prison/Jail Murders, Failure to Protect (Wrongful Death), Failure to Protect (Staff).
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- $3 Million Settlement Reached with BOP for Attorney’s Fees in Sex Abuse Class-Action from Now-Shuttered California “Rape Club”, Aug. 1, 2026. Staff-Prisoner Assault, Attorney Fee Awards, Settlements, Consent Decrees, Class Actions.