×
You've used up your 3 free articles for this month. Subscribe today.
Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit
Loaded on July 15, 2011
by Mark Wilson
Fourth Circuit Reverses §1915A Dismissal of Failure to Protect SuitBy Mark Wilson
The Fourth Circuit Court of Appeals held that a lower court erred in dismissing a North Carolina prisoner’s failure to protect suit for failing to state a claim.
North Carolina prison officials knew that prisoner Samuel Brown …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.
- The St. Louis Jails Are Running Out of Guards, Feb. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Staffing, Hygiene Supplies, Suicides.
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026. DOC/BOP misconduct, Prison/Jail Murders, Failure to Protect (General), Staffing, DOJ CRIPA Actions.
- Sixth Circuit Reinstates Lawsuit Over Failure to Properly Classify Violent Prisoners at Kentucky Jail, Feb. 1, 2026. Failure to Protect (General), Fourteenth Amendment, rights, Pretrial Detention and Detainees, Monell Liability, Prison Classification.
- Georgia Grand Jury Dings Augusta Jail for Overcrowding Days Before Violent Detainee Assault, Feb. 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).
- $3.3 Million Verdict for Detainee’s Fatal Fentanyl Overdose in Southern California Jail, Jan. 1, 2026. Failure to Protect (General), Failure to Train/Supervise, Failure to Treat (Mental Illness), Monell Liability, Deliberate Indifference.
- New York City Jails Face Mounting Death Toll Ahead of Likely Receivership, Jan. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $4 Million Paid to Former Rikers Island Detainee Whose Reports of Repeated Rapes Were Ignored, Jan. 1, 2026. Prisoner-Prisoner Assault, DOC/BOP misconduct, Failure to Protect (General), Security Systems, Deliberate Indifference.
- $95,000 Settlement for Trans BOP Prisoner Assaulted by Cellmate in Arizona Lockup, Dec. 1, 2025. Snitch Jacketing, Failure to Protect (General), Physical Injury Rule, Failure to Treat (Mental Illness), Transgender Medical Procedures, Discrimination (Transgender), Failure to Protect (Transgender).
- Huge $27.75 Million Verdict for Montana Prisoner Nearly “Beaten to Death” at CoreCivic Lockup, Dec. 1, 2025. Corrections Corporation of America/CoreCivic, Failure to Protect (General), Damages - Compensatory, Judgment as a Matter of Law, Deliberate Indifference.

