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No Qualified Immunity for Guard Who Failed to Protect Prisoner from Sexual Abuse
Loaded on April 15, 2012
by Brandon Sample
published in Prison Legal News
April, 2012, page 45
On February 1, 2011, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s denial of qualified immunity to a guard accused of failing to protect a vulnerable prisoner from sexual assault, but reversed as to the denial of qualified immunity to three other guards.
Filed under:
Prisoner-Prisoner Assault,
Failure to Protect (General),
Immunity/Liability,
Qualified Immunity.
Location:
Michigan.
Russell Bishop, …
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More from this issue:
- State-by-State Prisoner Rape and Sexual Abuse Round-Up, by Matthew Clarke
- Ohio Facility is Recycling Trash, Saving Money Thanks to Prisoners’ Slave Labor, by Joe Watson
- From the Editor, by Paul Wright
- Indiana Prosecutor Disciplined for Conflict of Interest, by Matthew Clarke
- HRDC, Other Organizations Send Joint Letter to Tennessee DOC Commissioner, by Alex Friedmann
- Fourth Circuit Remands Prisoner’s Equal Protection Claim, by Michael Brodheim
- Texas Harasses, Denies Compensation to Wrongly Convicted, by Matthew Clarke
- Court Grants Preliminary Injunction to PLN in Sacramento County Jail Censorship Suit
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- Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil, by Michael Brodheim
- Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed, by Brandon Sample
- ACLU of Arizona Surveys Taser Use in Statewide Report, by Joe Watson
- New York City DOC Jail Official Resigns Amid Corruption Probe
- Ninth Circuit Holds Prisoners May be Compelled to Provide Blood Samples Under California DNA Act
- Thousands Referred but Very Few Qualify for Commitment as Sexually Violent Predators in California
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- Withdrawal of Approval of New Mexico Jail Class Action Settlement Not Appealable Order
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- Florida Senate Rejects Privatization of 27 State Prisons – but Just Barely
- Connecticut District Court Finds ICE Agents Not Shielded from Bivens Liability; Suit Settles for $350,000, by Derek Gilna
- Texas Prison Guard Gets Five Years for Scalding Child, by Alex Friedmann
- Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded, by Derek Gilna
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- No Qualified Immunity for Guard Who Failed to Protect Prisoner from Sexual Abuse, by Brandon Sample
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More from Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- Cook County Jail Agrees to Improvements, April 15, 2013
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Multiple Detainees Escape from Dilapidated North Carolina Jail, July 1, 2026. Guard Misconduct, Failure to Protect (General), Overcrowding, Staffing, Jail Specific, Security Systems, Criminal Justice, Prison Conditions.
- Video Shows Guards Watched as Oklahoma Detainee Died in Cell, July 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death).
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.

