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Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit
Loaded on Nov. 15, 2011
published in Prison Legal News
November, 2011, page 1
The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation.
Filed under:
Classification,
Transfers,
Retaliation for Filing Grievances,
Failure to Protect (General),
Guard Brutality/Beatings,
Injunctions.
Location:
Georgia.
“John Doe” sued Harley Lappin, then the Director of the Bureau of ...
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More from this issue:
- New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic, by Matthew Clarke
- Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit
- From the Editor, by Paul Wright
- Texas Jail Guards Smuggle Contraband in Tacos, Ramen Noodles
- $725,000 Award in Negligent Medical Care Suit Involving Poisoned New York Prisoner
- Oregon Jail Suicides Lead Grand Juries to Fault Prevention Efforts, Staff Training, by Mark Wilson
- Alabama Sheriff Capitulates to ACLU in Challenge to Denial of Attorney Visits
- Incapacitation Good Cause for Untimely Exhaustion Under PLRA
- Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA
- California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions
- Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law, by Michael Brodheim
- PLN Files Censorship Suit Against NYDOCS
- U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel
- Former Judges in “Cash for Kids” Scandal Sentenced, by Derek Gilna
- $370,000 in Annual Phone Revenue at Ohio Jail
- PLN Sues Jails in Louisiana, Washington State Over No-Publication Policies
- Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees
- Settlement Reverses Virginia DOC’s Ban on Jailhouse Lawyers Handbook, by David Reutter
- Summary Judgment for CCA Reversed in Filthy Jail Conditions Case, by David Reutter
- Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date
- Requests for Hawaiian Prisoner Workers Soar Due to Poor Economy, by David Reutter
- Boulder, Colorado Jail’s Postcard-Only Correspondence Policy Ends with Settlement
- Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal, by Michael Rigby
- Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated
- No Qualified Immunity for Guard Who Transported Prisoner in Dog Cage
- Ninth Circuit Rules California’s Proposition 115 Not Unconstitutional
- Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies, by Michael Brodheim
- Report Blasts Sex Party at New York Juvenile Facility
- Ninth Circuit Holds California Prison Officials Responsible for Providing Reasonable Accommodations to Disabled Prisoners and Parolees Held in County Jails
- New York Court Sentences Rabbi to Four Years in Prison
- Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections
- Colorado Prison Culinary Program Caters to Local Community
- Conditions at New York Juvenile Facilities Deficient; State and Federal Officials Settle Lawsuit
- Ten Years of Sham Segregation Reviews Result in $4,846 Damage Award for Arkansas Prisoner
- Courts Cannot Order Federal Prisoners to Participate in IFRP
- Ohio Prisoner Escape and Hostage-Taking Results in Lawsuit Against CCA, Settlement
- Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA, by Michael Brodheim
- Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies
- Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS
- Florida Jail Offers Video Visits to Profiteer More From Prisoner Families
- ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees, by Derek Gilna
- California: New Postsentence Rehabilitation Credits Inapplicable to Sentences of Convicted Murderers
- “Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner, by Brandon Sample
- Pennsylvania Councilman Takes Private Prison Company’s Donation, then Opposes Detention Center
- Prospect of Prison Rape Used to Deter DUIs in South Africa, by Brandon Sample
- Washington Community Custody Violators Entitled to Time Served
- Second Circuit Holds BOP Correct in Not Granting Good Conduct Credits for Time Spent in State Custody, by Brandon Sample
- Incarceration Alone Insufficient to Terminate Parental Rights in Michigan
- Does Less Punishment Mean Less Crime?
- BOP Evidence-Handling “Grave Miscarriage of Justice”; Charges Dismissed by Federal Judge
- PLN Wins Partial Victory, Attorneys Fees in FOIA Video Tape Suit Against U.S. Attorneys’ Office, by Brandon Sample
- Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established
- News In Brief:
More from these topics:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- Class-Action Suit at BOP “Rape Club” in California Settled for Record $116 Million, July 15, 2025. Staff-Prisoner Assault, DOC/BOP misconduct, Settlements, Injunctions, Class Actions.
- News in Brief, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Failure to Protect (General), Pepper Spray/Tear Gas, halfway houses, New Trial/Judgment of Acquittal, Bribery/Extortion/Theft, Fraud and Deceit.
- Lawsuits Filed After Fatal Assault on Elderly Prisoner at Kentucky Jail, July 15, 2025. Classification, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice.
- Former New Jersey Jailers Plead Guilty to Beating Detainee for Tossing Urine, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Prisoners' Rights.
- Guards Used “Blast Grenades” to Break Up Mob Attack in California Prison, July 15, 2025. Failure to Protect (General), Pepper Spray/Tear Gas, Prisoner Privileges, Telephone Access.
- First of 10 Guards Charged with Killing of New York Prisoner Pleads Guilty, July 15, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury.
- Trans BOP Prisoners Win Restraining Order Preventing Transfer to Men’s Prison, Discontinuation of Hormone Therapy Medication, July 15, 2025. Transfers, Transgender, Transgender Medical Procedures.
- 14th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death by Freezing, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025. Failure to Protect (General), Jail Specific, Arrest and Booking, Release and Reentry.