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Failure to Protect in Prison Fight Violates 8th Amendment
Loaded on Oct. 15, 1998
published in Prison Legal News
October, 1998, page 28
Failure To Protect In Prison Fight Violates 8th Amendment
Filed under:
Gang Policies,
Civil Procedure,
Evidentiary Ruling,
Failure to Protect (Wrongful Death).
Location:
Texas.
In 1994, the duty of guards to protect prisoners in prison fights was clearly established by Farmer v. Brennan, 511 U.S. 825 (1994) according to a federal district court in Texas. The survivors of Randy Payne, a Texas prisoner who suffered …
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- Arizona DOC Paralegal Fraud: Law Libraries Closed, Replaced by Scam Artists, by Dan Pens
- Arizona Paralegals Obstruct Court Access
- Nine Florida Prison Guards Indicted, Fired
- From the Editor, by Dan Pens
- Loompanics Unlimited, by Paul Wright
- Book Review: Project Censored: The News That Didn't Make the News, by Paul Wright
- Texas State Symbol Sewn by Slaves
- Anatomy of a Whitewash, by Mumia Abu-Jamal
- Serious Crime Down Again
- Corcoran Prison Sex, Lies, and Videotape, by Willie Wisely
- The Buck Stops Where?, by Alex Friedmann
- Devil's Island Redux
- Georgia Brutality Suit Settled for $283,500
- Georgia DOC Turns to Private Prisons, by Alex Friedmann
- Ohio Sells Prison Records
- PLRA Physical Injury Requirement Does Not Apply to Ex-Cons
- No Administrative Exhaustion for Bivens Suit
- FRCP 12(b)(6) Standard Applied to PLRA Dismissals
- No Exhaustion Required for Money Damage Claims
- Maryland Indigent Court Cost Suit Settled
- Utah Porn Ban Rescinded; Suit Settled
- Wisconsin Transfers Spark Protest
- Ohio Union Officials Protest Prison Labor
- Phone Profits 'Benefit' Jail Detainees
- Manslaughter Charges Against Three TX Guards Dismissed
- CT Prisoners Pinched for Cost of Imprisonment
- Four Indicted in Videotaped Brazoria Jail Beatings
- Sign Language Interpreters Required in Missouri
- UNICOR Worker Receives $928.32 for Lost Hand
- Private Health Care Providers Denied Qualified Immunity
- FL DOC Violates Individuals with Disabilities Education Act
- Sandin Analysis Hinges on Punishment Actually Imposed
- New Trial After Magistrate Conducts Jury Selection
- Trial Required in New Jersey Diabetic Care Suit
- Prisoner Attendance at Depositions Discussed
- California Lifers Covered by Tolling Statute
- Garnishment Proceeding Part of Underlying § 1983 Action
- Fifth Circuit Expands Qualified Immunity Defense
- News in Brief
- Kansas Prisoners Entitled to Halfway House Credits
- Amnesty International Seeks Human Rights Abuse Info
- Denial of Legal Materials Sent by Relatives Upheld
- Failure to Protect in Prison Fight Violates 8th Amendment
- Alabama Counties Not Liable for Jail Conditions
- Nebraska Prisoners Have Right to Defend Against Suit
More from these topics:
- 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).
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Video Shows Guards Watched as Oklahoma Detainee Died in Cell, July 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death).
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- $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.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Death of Washington Jail Standards Bill Risks Repeat of $2.5 Million Settlement That Closed One County’s Jail, April 1, 2026. Staffing, Failure to Protect (Wrongful Death), Suicides, Staff Training, State Legislation.
- Virginia Jail Suicide Results in $950,000 Settlement, Claims Against Wellpath still Pending, April 1, 2026. Private Contractors, Medical Records, Settlements, Failure to Protect (Wrongful Death), Suicides.

