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Failure to Protect May Raise Claim Under Federal Tort Claims Act

Loaded on July 15, 2011 by Matthew Clarke published in Prison Legal News July, 2011, page 44
Filed under: Failure to Protect (General), Federal Statutory Law, Federal Tort Claims Act. Location: Texas.
by Matt Clarke

The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger of being attacked. Following remand, however, the district court entered judgment in favor of ...

 

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  1. U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction, by John Dannenberg
  2. California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend, by Michael Brodheim
  3. $5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction
  4. Deaths of Three North Carolina Prisoners Raise Suspicions, by Matthew Clarke
  5. From the Editor, by Paul Wright
  6. Washington DOC Agrees to Change Sexual Abuse Policies, by David Reutter
  7. San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling, by Michael Brodheim
  8. Why I Care About Prisoner Rights, by David Hudson
  9. Low Rates in Michigan DOC Phone Contract Demonstrate Actual Cost of Prison Phone Services, by Alex Friedmann
  10. Paroled Killers Rarely Re-Offend, by Michael Brodheim
  11. Anti-Private Prison Group Rips Revolving Door for Federal Employees After CCA Hires Former BOP Director
  12. Ninth Circuit: Prison Visitation Privileges May be Temporarily Restricted for Legitimate Penological Reasons
  13. New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment, by Mark Wilson
  14. State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts, by Matthew Clarke
  15. The Incredible Honey Bun Behind Bars, by David Reutter
  16. Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions
  17. Former Virginia Beach Sheriff Received Insider Information on Jail Contract, by Matthew Clarke
  18. Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive, by Matthew Clarke
  19. California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard, by Michael Brodheim
  20. Vermont Parole Law Change Violates Ex Post Facto Clause
  21. Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand, by Mark Wilson
  22. Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit
  23. Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims, by Matthew Clarke
  24. Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge
  25. Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted, by Michael Brodheim
  26. Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees
  27. Six New Jersey Jail Guards Arrested for Assaulting Prisoners
  28. Washington: Eye Gouging Assault Severely Injures Airway Heights Prisoner, by Derek Gilna
  29. Inmate Accident Compensation Act Does Not Preclude Bivens Remedy
  30. Deficient Medical Care Leads to Preventable Death of Seattle, Washington Jail Prisoner
  31. In-Prison Filmmaker Prepares Next Release, by David Reutter
  32. U.S. Department of Justice Report Puts Price Tag on Preventing Prison Rape, by Matthew Clarke
  33. Georgia: Child Support Contempt Findings Create Debtor’s Prisons, by David Reutter
  34. Pennsylvania DOC Agrees to Comply with Clean Air Act at Four Prisons, by David Reutter
  35. Former Deputy Sheriff Gets LWOP for Murder of California Prison Guard
  36. $16 Million Federal Jury Award in Texas Jail Beating Suit, by Matthew Clarke
  37. Florida Pre-Release Officer’s Federal Convictions Affirmed
  38. Baltimore Jail’s Warden, Seven Guards Suspended Pending Excessive Force Investigation
  39. Seventh Circuit Finds Appeal is Timely Despite E-Filing Error
  40. Failure to Protect May Raise Claim Under Federal Tort Claims Act, by Matthew Clarke
  41. New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody
  42. Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals
  43. A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged, by Michael Brodheim
  44. Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account
  45. Queer (In)justice: The Criminalization of LGBT People in the United States, by Joey L. Mogul, Andrea J. Ritchie and Kay Whitlock (Beacon Press, Feb. 2011), 216 pages, $27.95, by Daniel R. Schaffer
  46. “America’s Sheriff” Begins Serving Federal Prison Sentence
  47. News In Brief

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