×
You've used up your 3 free articles for this month. Subscribe today.
First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case
Loaded on Nov. 15, 2003
published in Prison Legal News
November, 2003, page 22
The United States Court of Appeals for the First Circuit reversed a district court's Rule 12(b)(6) dismissal of a failure to protect action, holding that the complaint sufficiently stated a claim for failure to protect. On August 30, 1999, Jesus Manuel Calderon-Ortiz (Calderon) was confined as a pretrial detainee at ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral, by John E Dannenberg
- Washington Mail Ruling Published
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics: Magistrate Judges in Federal Courts, by John Midgley
- South Carolina Cuts ACA Accreditation at Four State Prisons, by Lonnie Burton
- World Court Orders U.S. to Stop Executing Mexicans
- Over 600 Prisoners Brutalized by New Jersey Prison Guards, by Gary Hunter
- Texas Doesn't Have to Pay Interest on Trust Fund Accounts
- Court Reporter Jailed for Botching VitaPro Trial Transcripts; Convicted Prison Chief Still Free
- Sexual Abuse at Haltom City Jail in Texas
- Mothers in Prison Losing All Parental Rights, by Ann Farmer
- Inmate Compensation Program Applies to Federal Pretrial Detainees
- Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532
- Ninth Circuit Judge Investigated for Writing Condemned Prisoner
- Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide
- Kansas Prisoners Denied Credit for Time on Parole
- Expert Testimony Required in Alaska Medical Suits
- 100+ Canadian Prisoners Attempt to Escape from Private Superjail; Racial Profiling Alleged
- Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners
- Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim
- First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case
- Confinement for Nonpayment Without Willfulness Violates Due Process
- Trial Required in Pennsylvania Guard Beating, by John E Dannenberg
- Education in Prison Declines
- Texas Courts Clarify Prisoners' Right to Civil Bench Warrant
- Gay Prisoners Not Entitled to Double-Occupancy Cell
- Unauthenticated Evidence Does Not Support Summary Judgment
- Incarceration Not Grounds for Termination of Parental Rights in Nevada
- $112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA, by Bob Williams
- Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case
- America Without the Death Penalty: States Leading the Way, by Robert Woodman
- Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee
- Video-Visits Out in New Mexico Prisons, by Gary Hunter
- Arizona Surcharge on Fines Upheld
- Oklahoma Jail Pays $385,000 Settlement in Baby's Death
- Guard Awarded $515,813 Against Private Medical Provider
- Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit
- Pepper Spray Drift Injury Can Be Actionable, by John E Dannenberg
- Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit
- News in Brief
- Sex Offender Registries Asked: Where Are All the Sex Offenders?
More from these topics:
- $500,000 for Texas Teen Sodomized in Jail, July 1, 2024. Prisoner-Prisoner Assault, Failure to Protect (Juveniles).
- Texas Detainee Raped in Jail Sues Macy’s for False Facial-ID Match That Led to Arrest, June 1, 2024. Prisoner-Prisoner Assault, False Arrest, Electronic Surveillance.
- Trans Detainee Sues Over Housing With Men on Rikers Island, June 1, 2024. Prisoner-Prisoner Assault, Transgender, Discrimination (Transgender).
- Alabama Denied Summary Judgment in Prisoner’s Suit Over Knifepoint Rape, May 1, 2024. Prisoner-Prisoner Assault.
- Shocking Video Footage Reveals Rampant Violence and Neglect in Los Angeles County Jails, April 26, 2024. Staff-Prisoner Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Jail Specific.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024. Prisoner-Prisoner Assault, Jail Misconduct, Jail Specific, Wrongful Death, Excessive Force (Wrongful Death), Public Records Act.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- Alabama DOC Proves Truly “Heartless”, Jan. 1, 2024. Prisoner-Prisoner Assault, Guard Misconduct, Threats by Staff, Parole Board Misconduct, Retaliation for Litigating, Retaliation for Media Contact, Retaliation for Organizing, Whistleblowing, Retaliatory Segregation, Prison/Jail Murders, Failure to Protect (General), Staffing, Wrongful Death, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement.
- West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, Jan. 1, 2024. Prisoner-Prisoner Assault, Sex Offenders (Discrimination), Failure to Protect (General).