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Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim
Loaded on Feb. 15, 2005
by Bob Williams
published in Prison Legal News
February, 2005, page 31
Absolute Immunity For Acting On Court Order Denied
Filed under:
Crime/Demographics,
Informants,
Failure to Protect (General),
Appeals,
Qualified Immunity,
Judicial Immunity,
Informants (Failure to Protect).
Location:
Delaware.
In Failure To Protect Claim
by Bob Williams
The Third Circuit Court of Appeals has upheld the denial of absolute immunity against prison guards who claimed they were following a court order when they failed to protect a known prison informant, even …
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More from this issue:
- HR-4079: A National Crime Emergency?, by Michael Rigby
- Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit
- California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses"
- Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions, by John E Dannenberg
- From the Editor, by Paul Wright
- Report Lambastes New York Lockdowns, by Michael Rigby
- Report Lambastes New York Lockdowns
- Habeas Hints, by Kent A. Russell
- Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled, by Mark Wilson
- Expert Panel Significantly Revises Oregon's HCV Guidelines
- Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol, by John E Dannenberg
- Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence
- Three Americans Convicted of Running Sham Military Jail in Afghanistan
- South Carolina Prison Industry Program Problematic, Audit Finds, by Michael Rigby
- Doctors of Death and the Medicalization of State Murder, by Michael Rigby
- Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement
- California Sex Offender Satisfies Registration Obligation If He Mails Notice
- New Jersey Jail Guard Settles Elevator Fall Suit for $750,000
- AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied, by John E Dannenberg
- Tough Justice Leads To Quadriplegic's Death In CCA-Operated D.C. Jail, by Michael Rigby
- Rikers Island Gunshot Victims' Suit Dismissed
- Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000
- Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment, by Bob Williams
- California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes
- CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded, by Robert Woodman
- Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim, by Bob Williams
- New York Prisoner Awarded $105,000 for Shoulder Injury
- California Sexual Predator Unconditionally Released
- New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act, by John E Dannenberg
- Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated, by Michael Rigby
- Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus, by John E Dannenberg
- Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a)
- Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation, by Marvin Mentor
- Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim
- BOP Ad-Seg Rules Create a Liberty Interest, by David Reutter
- Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies
- Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle
- Federal Court Orders Mississippi to Desegregate HIV+ Prisoners
- California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor, by John E Dannenberg
- Texas County, Deputy Settle Sex Assault Case For $50,000
- Iowa Must Give Kosher Meals to Civilly Committed Sex Offender, by John E Dannenberg
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- News in Brief
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More from Bob Williams:
- Ninth Circuit Reverses Suit Over Fees Charged Prepaid Debit Cards Given To Released Prisoners, April 1, 2020
- Safety at Any Price - Massachusetts Corrections Fiscal Failure , Sept. 22, 2015
- Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal, July 3, 2015
- No Rehearing For Disciplinary Actions Vacated On Substantive Grounds, July 15, 2011
- Treatment Required For Prisoners Committing Sex Offenses In Prison, July 15, 2011
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, June 15, 2011
- Shrinking Budgets Force States to Cut Corrections Spending, March 15, 2010
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, Feb. 15, 2010
- One of Every 11 Prisoners Now Serving Life Sentence, Feb. 15, 2010
- Pennsylvania Contractor Prohibited from Using State and Federal Funds for Religious Purposes, April 15, 2009
More from these topics:
- Multiple Detainees Escape from Dilapidated North Carolina Jail, July 1, 2026. Guard Misconduct, Failure to Protect (General), Overcrowding, Staffing, Jail Specific, Security Systems, Criminal Justice, Prison Conditions.
- 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).
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- 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.
- Guaranteed Income Helps People Leaving Jail and Prison, and That Helps Everyone, May 1, 2026. Crime/Demographics, Prisoner Privileges, housing, jobs, Restrictions, discrimination, Probation, Parole & Supervised Release, Fines.

