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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
Filed under: Staff-Prisoner Assault, Guard Misconduct, Civil Procedure, Damages, State Law Claims, Municipal Liability, Sovereign Immunity. Location: Texas.
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.

In February …

 

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More from this issue:

  1. Rural Prison as Colonial Master, by Christian Parenti
  2. French Robertson Prisoner Wins Suit
  3. Texas Warden Not Victim of Staff Assault, by T.Q.
  4. In Memory - Reverends Ernest Bromley and Maurice McCrackin, by John Perotti
  5. Mystery of Guard's Death Unlocked, by B K
  6. From the Editor, by Dan Pens
  7. Weights Banned in California, by Willie Wisely
  8. The Limits of the Law, by Mumia Abu-Jamal
  9. Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review
  10. Even Nominal Damages May Justify Attorney Fee Award
  11. $9,500 Award for Involuntary Psychotropic Drugging Affirmed
  12. MA and WA Parole Suits Not Cognizable Under § 1983
  13. Folsom New Year's Riot Over Haircut Policy
  14. Community Notification Upheld by Three Circuits
  15. $1.1 Million Award in Sexual Assault
  16. Failure to Protect Informant Claim Set for Trial
  17. $225,000 Jury Award in CDC Shooting Affirmed
  18. BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements
  19. BJS Reports Prison Litigation Statistics
  20. PLRA Termination Provisions Constitutional
  21. Prolonged SHU Confinement May Implicate Liberty Interest But No Damages
  22. BOP Exceeds Statutory Authority in Denying Sentence Reduction
  23. News in Brief
  24. Pretrial Detainees Not Covered by FLSA
  25. Damage Award and Attorney Fees in Censorship Suit Affirmed
  26. U.S. Liable for Loss of Prisoner's Property
  27. 4th Circuit Establishes Detainee Excessive Force Standard
  28. PA DOC Not 'Victim' for Restitution Purposes
  29. Heck Applied to Segregation Claims
  30. No Immunity for Hearing Officer's Failure to Examine CI Credibility
  31. No Immunity in Jail Suicide for Medical Contractor
  32. $450,000 Award in Sexual Assault Case Not Excessive
  33. 5th Cir. Holds IFP Dismissals Are With Prejudice
  34. No Immunity for Smoke Exposure
  35. Florida Prisoners Have Property Interest Under DOC Rules
  36. Refusal to Waive Interest States Claim
  37. Alaska Computer Printer Ban Questioned
  38. Conditions in Camden County Jail Unconstitutional

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