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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:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).

