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Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit

Loaded on Jan. 15, 2010 by Matthew Clarke published in Prison Legal News January, 2010, page 48
Filed under: Failure to Protect (General), Staffing, Attorneys, Appointment of Counsel, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Discovery, Qualified Immunity, Supervisory Liability, Failure to Train/Supervise. Location: Texas.
by Matt Clarke

The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand.

Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in an open dormitory at the Wynne Unit when he was …

 

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