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Vigilante Attack on Prisoner Requires Trial
Loaded on June 15, 1998
published in Prison Legal News
June, 1998, page 25
The court of appeals for the second circuit held that issues of fact as to whether guards were personally involved in a vicious attack on a prisoner, precluded summary judgment for the guards. The court also held that a statement allegedly made by one of the guards to one of …
Filed under:
Threats by Staff,
Failure to Protect (General),
Civil Procedure,
Summary Judgment,
Evidentiary Ruling.
Location:
New York.
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More from this issue:
- Mis-Managed Health Care in Texas Prisons
- Pelican Bay Cellie Slayings
- From the Editor, by Dan Pens
- Human Rights Watch Condemns Indiana Control Units, by Daniel Burton-Rose
- Descent Into Madness: An Inmate's Experience in the New Mexico State Prison Riot, by Daniel Burton-Rose
- Prisons and Aids: A Public Health Challenge, by Daniel Burton-Rose
- Pro Se Tips and Tactics: Limiting the Burdens of Pro Se Inmate Litigation, by John Midgley
- New York Prisoner Awarded $56,000 for Beating
- Bureau of Prisons Sexual Abuse Suit Settled for $500,000
- Delay in Medical Treatment States Claim
- Bob Bensing, Hero, Dies Suddenly
- Spokane County Corrections Officials Accused of Cover-up
- PLRA Filing Fee Provisions Not Retroactive
- PLRA Termination Provisions Unconstitutional
- Some PLRA Fee Questions Answered by the Seventh Circuit
- Eighth Circuit Issues PLRA IFP Procedures
- Fatal Mismanagement at Ohio CCA Prison
- California Prison Psychologist Kills Child, Self
- Parolee Must Receive Morrissey Hearing
- $6.5 Million Spent in California Sexual Harassment Suit
- Involuntary Medical Experiments Violate Due Process
- PLN Writer Exiled by CCA
- Illinois Court Access Suit Dismissed
- Refusal of Non-Lethal Injection Kills Arizona Prisoner
- State Weasel Monitors Private Prison Chicken Coop in Texas
- San Francisco City and County Jail Conditions Held Unconstitutional
- Discriminatory Policy Enforcement Actionable
- Michigan's Parole Amendments Constitutional
- Colorado Prisoners Passing Up Parole
- Alabama HIV+ Prisoners Case Remanded Once Again for Proper RA Consideration
- Segregation Conditions Defined for Sandin Purposes
- Attention Veteran Prisoner Activists
- Race Requirement for Religion Struck Down
- Washington Good Time Cap Clarified
- Trial Required in Religious Diet Claim
- Repeal of South Carolina Furlough Law Violates Ex Post Facto
- Beating by Unknown Guards States Claim
- News in Brief
- Vigilante Attack on Prisoner Requires Trial
- Sexual Harassment Actionable
- PA County Medical Co-Payment Constitutional
More from these topics:
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026. Sexual Assault, Failure to Protect (General), Class Certification, Prison Rape Elimination Act, Appealable Issues/Orders.
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, Deliberate Indifference.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026. Disabled Prisoners, Hygiene Supplies, Summary Judgment, Americans with Disabilities Act, Deliberate Indifference.
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.

