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Failure to Protect from HIV-Positive Prisoner Negates Qualified Immunity Defense

Loaded on June 15, 2005 published in Prison Legal News June, 2005, page 29
Filed under: Retaliation for Filing Grievances, Prison Labor, Medical, HIV/AIDS, Failure to Protect (General), Qualified Immunity. Location: South Dakota.
The Eighth Circuit Court of Appeals has held that prison officials are not entitled to qualified immunity in a civil rights action filed by three prisoners at South Dakota's Mike Durfee State Prison. The prisoners alleged that prison officials failed to protect them from Paul Soyars, an HIV-positive prisoner. Plaintiffs …

 

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