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Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials

Loaded on July 15, 2004 by Michael Rigby published in Prison Legal News July, 2004, page 40
Filed under: Guard Misconduct, Gang Policies, Conditions of Confinement, Failure to Protect (General), Damages, Premises Liability. Location: Texas.
The United States Fifth Circuit Court of Appeals has vacated and remanded the jury verdict in a Texas prisoner's failure-to-protect suit because the prisoner had not provided evidence supporting a jury finding of deliberate indifference against prison officials. The jury had awarded the prisoner $30 in compensatory damages and $70,000 …

 

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  1. Abu Ghraib, USA, by Anne-Marie Cusac
  2. From the Editor, by Paul Wright
  3. Washington DOC Fined $60,000 for Bogus Water Pollution Reports
  4. Thirty Three Years after Attica: Many more Blacks in prison, but not as guards, by Peter Wagner
  5. Is It Criminal to Be a Muslim Civilian or Military Prison Chaplain?
  6. Supreme Court Holds Guantanamo Detainees Can Challenge Detention
  7. Virginia Prison Drives Women to Depression and Suicide, by Gary Hunter
  8. California Agrees to Provide Kosher Prison Diet Program, by John E Dannenberg
  9. Tennessee Prison Audit Blasts DOC, CCA and CMS, by Michael Rigby
  10. Oklahoma Man Misidentified as Pedophile Awarded $3.7 Million, by Michael Rigby
  11. Overcrowding Forces Alabama Prisoners Into Private Prison Web, by Gary Hunter
  12. Arizona Prisoners Seize Tower; State Officials Point Fingers, by Michael Rigby
  13. BJS Looks at Probation, Parole in 2002
  14. Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard, by Alex Coolman
  15. $3 Million in Settlements for Wrongful Illinois Convictions
  16. Record Number of "Lifers" Now in U.S. Prisons
  17. Florida Jail Pays Prisoner's Family $2.5 Million in Methadone Withdrawal Death
  18. BJS Finds Low Recidivism among Released Sex Offenders
  19. New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer
  20. $1.5 Million Verdict in NYC Jail Medical Malpractice Death
  21. Arizona Prison Director Has Poor Track Record, by Michael Rigby
  22. Private Probation Companies Prove Corrupt in Tennessee, by Gary Hunter
  23. Controversy and Lawsuits Surround South Texas Private Prison Deals
  24. Warden Sentenced for Stealing Dali Painting From Rikers Island Jail
  25. California Class Action Lawsuit Targets Unauthorized Prison Phone Charges
  26. Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies, by David Reutter
  27. Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment, by Bob Williams
  28. Washington State Prison Continues To Pollute Local Environment Despite Repeated Citations, by John E Dannenberg
  29. Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA
  30. Failure to Treat Transsexual for Self-Mutilation States Claim
  31. Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed
  32. Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions
  33. Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality
  34. No PLRA Fee Cap When Injunctive Relief Obtained, by John E Dannenberg
  35. Sanctions Against Ohio Paralegal Firm Upheld
  36. Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served
  37. Oregon Trial in Prison Did Not Violate Constitution
  38. Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy
  39. California Sex Offender Prison Classification Label Approved for Dismissed Charge, by John E Dannenberg
  40. No Qualified Immunity in Civil Commitment Phone Monitoring
  41. Prisoner Allowed to Amend Retaliation, Legal Mail Complaint
  42. Challenge to State Parole Revocations Must Be Brought Under § 2254
  43. District of Columbia May Be Liable for Prisoner's Inadequate Medical Care
  44. Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit, by John E Dannenberg
  45. Florida Prisoner Awarded Costs in Successful Records Request Litigation, by David Reutter
  46. Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials, by Michael Rigby
  47. No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial
  48. News in Brief
  49. Michigan Grievances Exhausted Upon Fair Notice of Claim

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