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Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal
Loaded on Sept. 15, 2006
published in Prison Legal News
September, 2006, page 41
Filed under:
Failure to Protect (General),
Complaints,
Mental Health,
Civil Commitment.
Location:
Illinois.
Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6)
Dismissal
The Seventh Circuit Court of Appeals reversed a district court's dismissal of a civil committees
failure to protect and equal protection claims, for failure to state a claim under Fed.R.Civ.P. 12(b)
(6).
David Brown was ...
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More from this issue:
- For-Profit Transportation Companies: Taking Prisoners, and the Public, for a Ride, by Alex Friedmann
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, by John E Dannenberg
- Florida Guards a Day Late and a Dollar Short with Failure to Exhaust Defense; $180,000 Verdict Upheld
- From the Editor, by Paul Wright
- $500,000 CCA Escape/Hostage Damage Award Upheld
- Brownsville Texas Border Corruption Continues, by Gary Hunter
- A Captive Audience For Salvation, by Jane Lampman
- Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights, by Daniel Manville
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, by John E Dannenberg
- CSC Alien Abuse Class Action Settled for $2.5 Million
- Supreme Court Says No to Trial by Military Commission for Gitmo Prisoners, by Matthew T. Clarke
- No Room in Prison? Ship Em Off Prisoners have become unwitting pawns in a lowest-bidder- gets-the-convict shuffle game, by Silja JA Talvi
- U.S. Government Settles 9-11 Detainee Abuse Suit for $300,000, by Matthew T. Clarke
- Assistant U.S. Attorneys Ordered to Pay Prisoner $500 For Misconduct, by Michael Rigby
- Widespread Prisoner Labor Abuse Requires Reform, by Gary Hunter
- Nevada Summary Judgment for Non-Exhaustion Reversed
- New York Strip-Search Suit Settled for $1.7 Million
- Kentucky County Jail Settles Lawsuit Alleging Overcrowded Conditions, by Michael Rigby
- CCA Fineable in New Contracts With Colorado and Hawaii, by Matthew T. Clarke
- Virginia Sheriffs Pay for Christian Ministries, by Michael Rigby
- Washington DOC Settles Mail Censorship Suit with PLN for $442,500 in Fees and Damages, by John Dannenberg
- $75,000 Settlement for Untreated Wisconsin Methadone Patient, by Michael Rigby
- Virginia Prisoners Challenge Grooming Policy Under RLUIPA
- Florida County Bucks Paying $300,000 in Prisoner Medical Bills
- Sexually Abused Texas Prisoner Loses Federal Lawsuit, Returns To Prison, by Michael Rigby
- Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim
- FL Work Releasees Reporting to Work Late Doesnt Amount to Escape
- Supreme Court Holds Administrative Remedies Must Be Properly Exhausted Under the PLRA, by John Dannenberg
- Delaware Legislature Rejects Bill Upgrading Prison Health Care, by David Reutter
- Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal
- Oklahoma Requires Exhaustion of Administrative Remedies For Ex-Prisoner Suits
- News in Brief:
- $470,000 Paid in Pennsylvania Jail Prisoners Seizure Related Death
More from these topics:
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- Guards Used “Blast Grenades” to Break Up Mob Attack in California Prison, July 15, 2025. Failure to Protect (General), Pepper Spray/Tear Gas, Prisoner Privileges, Telephone Access.
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025. Failure to Protect (General), Jail Specific, Arrest and Booking, Release and Reentry.
- Sixth Guard Sentenced in West Virginia Killing of Pretrial Detainee, July 15, 2025. Failure to Protect (General), Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025. Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Staffing, Environmental Law, Plumbing, Sewage, Jail Specific.
- Former Wisconsin Warden Gets No Cell Time, $500 Fine After Prisoner Deaths, June 1, 2025. Misconduct/Corruption, Guard Misconduct, Failure to Protect (General).
- Retired California Prison Guard Killed in Colorado Jail, June 1, 2025. Failure to Protect (General), Failure to Treat (Mental Illness).
- Ninth Circuit Revives Complaint Over Sloppy Cell Checks Before Psychotic Detainee’s Death at L.A. Jail, June 1, 2025. Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Kansas Pays $150,000 for Prisoner Killed by Cellmate, Centurion Settlement Confidential, June 1, 2025. Classification, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- Four Arizona Prisoners Dead After Being Celled with Leader of 2004 Standoff, June 1, 2025. Classification, Failure to Protect (General).