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Prison Supervisors Can be Liable for Guard’s Sexual Abuse
Loaded on Feb. 15, 2010
by David Reutter
published in Prison Legal News
February, 2010, page 34
by David M. Reutter
Filed under:
Staff-Prisoner Assault,
Civil Procedure,
Limitations,
Qualified Immunity,
Supervisory Liability.
Location:
Massachusetts.
In denying a motion to dismiss, the U.S. District Court for Massachusetts held on July 1, 2009 that prison supervisors could be held liable for the sexual abuse of a prisoner because they failed to train, supervise and investigate claims concerning repeated rumors of a guard’s …
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More from this issue:
- Swine Flu Widespread in Prisons and Jails, but Deaths are Few, by David Reutter
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- From the Editor, by Paul Wright
- Preventable Sacramento County Jail Death Costs Taxpayers $1.45 Million, by David Reutter
- Free Rent for Some Washington State Parolees
- A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act, by Margaret Colgate Love
- Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath
- Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware, by David Reutter
- Army Prisoners Isolated, Denied Right to Legal Counsel, by Dahr Jamail
- Freedom Forum CEO Charles Overby’s Dark History with Corrections Corporation of America, by Beau Hodai
- Three Florida Guards Charged in Prisoner’s Beating, by David Reutter
- Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members
- Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional, by Matthew Clarke
- $6,000 Settlement in Illegal Arrest of Washington State Probationer
- Denial of Medical Care Causes Two Riots at GEO Group Texas Prison, by Matthew Clarke
- Special Treatment for Jewish Prisoners, Rappers Leads to Employee Discipline, Resignations at New York Jails, by Gary Hunter
- Maine Prison System’s Board of Visitors: Secret, Unaccountable and Co-Opted, by Lance Tapley
- Rikers Guards Charged With Using Juvenile Prisoners to Run Extortion Ring, by Gary Hunter
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, by Bob Williams
- Homelessness a Significant Problem for Released Prisoners, by John Dannenberg
- Department of Justice Releases Arrest-Related Death Statistics, by Matthew Clarke
- Arizona Prisoner, Abandoned in Outdoor Cage, Bakes to Death, by Gary Hunter
- Massachusetts Sex Offender Registry Board Member Brags About Bias
- Prison Supervisors Can be Liable for Guard’s Sexual Abuse, by David Reutter
- False Sense of Security: The Real Cost And Benefits Of The Adam Walsh Act, by Brandon Sample
- One of Every 11 Prisoners Now Serving Life Sentence, by Bob Williams
- Wisconsin Enacts New Early Release Law, by Matthew Clarke
- California Parents and Guardians Assessed Fees to Offset Juvenile Detention Costs, by Michael Brodheim
- $245,000 Settlement in Michigan Jail Prisoner’s Death
- $325,000 Settlement in Michigan Jail Prisoner’s Ruptured Appendix Lawsuit
- Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000, by Matthew Clarke
- PLN Prevails in Connecticut FOI Case; City Appeals, by Alex Friedmann
- Ohio Inspector General Finds Wrongful Acts by Prison System’s Assistant Director, by Matthew Clarke
- Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison
- Settlement in Idaho Jail Condition Class-Action Suit, by Matthew Clarke
- $2.1 Million Award in Excessive Force Death of California Prisoner
- Wyoming’s Prison Industry Mushroom Farm Sold at Auction, by Matthew Clarke
- Settlement Promises Improvements at Baltimore City Jail, by Matthew Clarke
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More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
More from these topics:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.

