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Risk of Serious Harm States Claim
Loaded on Aug. 15, 1998
published in Prison Legal News
August, 1998, page 29
A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be punitive are also unconstitutional. Richard Heisler was …
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More from this issue:
- Through the Civil Commitment Looking Glass, by Tamara Menteer
- A Zoo Within a Prison
- CCA Sells Self; Wackenhut Creates REIT
- From the Editor, by Dan Pens
- NJ Prisoners Refuse to Swallow PINs
- Idaho Law Libraries Closed, Pillaged, by M.M.
- STGMU-tized in New Jersey, by T.R.
- Notes from the Unrepenitentiary, by Laura Whitehorn
- MCI Refund to Florida Prisoner Families
- Los Angeles Jail Death Ruled Homicide
- The Tough-On-Crime Myth: Real Solutions to Cut Crime, by Daniel Burton-Rose
- The Real War on Crime: The Report of the National Criminal Justice Commission (Book Review), by Daniel Burton-Rose
- The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice, by Daniel Burton-Rose
- Union County, NJ, Jail Guards Convicted
- PLRA Finding Required for Injunctive Relief
- Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief
- TDCJ PLRA Forms Okay
- CA Tort Claim Not Required for Administrative Exhaustion
- Consent Decree Termination Upheld
- Dismissal for Lying About Poverty Affirmed
- PLRA Filing fees Don't Apply to Civil Commitments
- PLRA Fees Don't Apply to Mandamus
- $22,500 to Seattle WA Jail Brutality Suit
- Proof of Administrative Exhaustion Required
- Mock Prison Riot Staged
- Racism in the Ranks, by Willie Wisely
- WA Prison Telemarketing Elicits Controversy - Again, by Paul Wright
- CBCC Warden Fired in Telemarketing Hoopla
- Bureau of Prisons Estopped from Denying Sentence Reduction
- Sentence Runs During Wrongful Release
- U.S. Supreme Court Clarifies § 1983 Claims, by David C Fathi
- Jericho: Thoughts From Political Prisoners in Leavenworth, by Jaan Laaman
- Jericho '98 March and Rally
- Convict Mine Labor in the Information Age, by Dan Pens
- Cheaper to Exile Prisoners?, by Dan Pens
- Prisons Promoting Tourism, by Alex Friedmann
- Jailers Charged in Bribery, Kickback Schemes
- WI Predator-Law Poster Boy Gets Released
- WI Guard Settles Discrimination Suit for $105,000
- News in Brief
- Mailbox Rule Applied to Habeas Petitions
- WA DOC Investigators Can't Detain Visitors: Drugs Suppressed
- Oregon Guard Pleads Guilty to Perjury
- Risk of Serious Harm States Claim
- Disciplinary Hearing Violations Enjoined
- Probable Cause Required for Visitor Body Cavity Search
More from these topics:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- $30,000 Settlement Reached in Virginia Jail Death That Put Richmond Lockup Under State Oversight, Aug. 1, 2026. Jail Misconduct, Failure to Protect (General), Staffing, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.

