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Allowing Others to Attack Prisoner, Making Credible Death Threats, Labeling Prisoner a Snitch Violate Eighth Amendment
Loaded on Aug. 15, 2009
published in Prison Legal News
August, 2009, page 41
The U.S. Court of Appeals for the Eighth Circuit affirmed in part a district court’s denial of qualified immunity to four guards accused of violating a prisoner’s Eighth Amendment rights.
Filed under:
Retaliation,
Retaliation for Litigating,
Snitch Jacketing,
Failure to Protect (General),
Qualified Immunity.
Location:
Missouri.
William Irving, a Missouri prisoner, filed a 42 U.S.C. § 1983 action against Thomas Brigance, Ronetta Hyer, Warren Cressey and …
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More from this issue:
- Judge Not: Judges Benched for Personal Misconduct
- From the Editor, by Paul Wright
- FedCURE Entitled to Fee Waiver for FOIA Request, by Brandon Sample
- Violence on the Rise in BOP Facilities, by Brandon Sample
- Judge Sonia Sotomayor Denied My Appeal and I Spent 16 Years in Prison for a Crime I Didn’t Commit, by Jeffrey Deskovic
- Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 1/2 Year Legal Battle Ends, by Mark Wilson
- A Bridge Between The Ivy League And The Jailhouse: An Interview with Brett Dignam, Clinical Professor of Law and Supervising Attorney at Yale Law School, by Todd Matthews
- Florida’s Private Prisons Still Lack Meaningful Oversight, by David Reutter
- Motions to Oust California Prison System’s Federal Healthcare Receiver Denied, by John Dannenberg
- 15 Guards Charged with Assaulting Maryland Prisoners, by David Reutter
- Oregon’s Criminal Justice Economic Recovery Plan: Keep Digging!, by Mark Wilson
- Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part
- $1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced
- Report Recommends Lawmakers Reinstate College Programs in Prison, by David Reutter
- Report Concludes Hispanics Receiving a Greater Share of Federal Sentences, by David Reutter
- Improper Classification that Resulted in Seattle Jail Beating Settles for $37,500
- Jailhouse Lawyers: Prisoners Defending Prisoners v. The U.S.A., by Mumia Abu-Jamal, Published by City Lights Publishers, ISBN 978-0-8728646-9-6; 286 Pages; $16.95, by Gary Hunter
- Reopened Abu Ghraib Prison Haunted by its Past
- $10,000 Settlement for Bunk Bed Railing Hitting Prisoner
- $2.1 Million Award in California Prisoner’s Choking Death
- Poaching Boast Lands Oregon Prison Guard in Hot Water; Pulls State Trooper Father Down with Him, by Mark Wilson
- Utah Evaluates Drug Program Pilot; Recommends Further Evaluation, by David Reutter
- $100,000 Settlement in Illegal Imprisonment Caused by Massachusetts’ Failure to Implement Court Order, by David Reutter
- Vermont Supreme Court: “Nutraloaf” Diet Is Punishment that Requires Hearing
- Ohio Parole Authority Ordered to Grant Hearings that Provide Meaningful Parole Consideration, by David Reutter
- $250,000 Award in Mississippi False Imprisonment Suit
- Vendor Crushed by Seattle Jail Door Receives $43,525 for Injuries
- Study Shows Few Texas Prisoners Transition Well to Community HIV Treatment
- Highest Criminal Appeals Judge in Texas Faces Removal Hearing
- Audit Report Finds Michigan Prisoner Transportation System Wasteful, by David Reutter
- Seventh Circuit Reverses Dismissal of Suit Alleging Excessive Force, Retaliation and Inadequate Medical Care; Settles for $15,000
- Seventh Circuit Vacates Dismissal for Failure to Prosecute; $50,000 + Fees Awarded Following Remand
- Illinois Court of Appeals: Prisoner Has Standing to Sue Ameritech for Fraud
- AZ Sheriff Joe Arpaio Loses Three Public Records Cases
- Colorado Florists Decry Prison Retail Flower Business, by David Reutter
- Missouri Public Defenders Not Immune from Client Suits
- OK Prisoners Released from Custody Despite Deportation Detainers
- Allowing Others to Attack Prisoner, Making Credible Death Threats, Labeling Prisoner a Snitch Violate Eighth Amendment
- Nebraska: Tape-Recorded, Restricted-Calling Prison Telephone System Passes Constitutional Muster, by John Dannenberg
- Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact
- Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial
- Fifth Circuit Reinstates Prisoner’s Environmental Tobacco Smoke Suit, by Matthew Clarke
- Federal Prison Guards’ Convictions Affirmed in Sex Scandal, by David Reutter
- $150,000 Settlement In Missouri Jail Suicide Suit
- First Circuit Upholds BOP’s Discretion to Limit Halfway House Placement
- Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights, by John Dannenberg
- Fourth Circuit Upholds Prisoner Exclusion in Virginia FOIA
- Eleventh Circuit Reverses Dismissal of Challenge to Florida DOC Ban on Pen Pal Requests
- Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling
- Ohio Supreme Court Rules Sex Offender Residency Restrictions Not Retroactive, by Matthew Clarke
- Denial of Bedding, Clothes to Florida Prisoner States Claim
- News in Brief:
- Alabama Raises Rates Charged for Prisoner Labor
- District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement
More from these topics:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- $30,000 Settlement Reached in Virginia Jail Death That Put Richmond Lockup Under State Oversight, Aug. 1, 2026. Jail Misconduct, Failure to Protect (General), Staffing, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.

