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Fourth Circuit Reverses Dismissal of FTCA Failure-to-Protect Suit
Loaded on Feb. 7, 2017
by Matthew Clarke
published in Prison Legal News
February, 2017, page 28
Filed under:
Gang Policies,
Prison Gangs,
Failure to Protect (General),
Prisoner Privileges,
Federal Tort Claims Act.
Location:
United States of America.
On December 29, 2015, the Fourth Circuit Court of Appeals reversed the dismissal of a lawsuit alleging federal prison officials had failed to properly search prisoners who were placed in a recreation cage where they assaulted and repeatedly stabbed another prisoner.
Federal prisoner Joshua Rich was incarcerated in the Special ...
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More from this issue:
- Colorado Town to Pay $775,000 for Relying on Bogus Snitch, by Derek Gilna
- Trapped, by Sam Levin
- Pennsylvania DOC Ordered to Evaluate Mumia Abu-Jamal for Hep C Treatment, by Derek Gilna
- Florida’s Civil Commitment Center a “Living Death Sentence”, by David Reutter
- Still No Answers
- Federal Halfway House Contractor Files Unsuccessful Suit Against Bureau of Prisons, by Christopher Zoukis
- $7,500 Settlement in Pennsylvania Prisoner’s “Nuisance Suit”
- Riot at Private Prison in Arizona Prompts Review, Reforms and Change in Contractor, by Derek Gilna
- New York Counties, Corizon Reach $1.85 Million Settlement in Detainee’s Death
- Some Lawsuits Resolved Against New Mexico Prison Doctor, Others Still Pending, by Christopher Zoukis
- Fifth Circuit Holds Supervised Release Condition Restricting Dating Improper
- ICE Bans Crayons in Family Detention Center Visiting Area
- Orange Crush: The Rise of Tactical Teams in Prison, by Brian Dolinar
- Massachusetts Sheriff Offers Prisoner Labor to Build Trump’s Border Wall
- Louisiana City Declines to Open Jail Funded by Offender Fees
- South Carolina Court Finds DOC Erred in Treating Cases as No-Parole Offenses
- Studies on Financing of Judicial Campaigns Indicate Need for Reform, by Derek Gilna
- Summary Judgment Reversed in Puerto Rican Arrestee’s Wrongful Death Suit
- Prisoners Not Required to Take Unspecified Steps to Exhaust Administrative Remedies
- California Governor Grants 112 Pardons, One Commutation
- Third Circuit Holds Prisons Not Required to Treat Impotence or Infertility
- PLN Exclusive! Wisconsin DOC Audit Reveals Contract Violations by Community Corrections Provider, by Derek Gilna
- Three Reports Provide Data on Prisoners Held in “Restrictive Housing”, by Derek Gilna
- Michigan DOC Audit Reveals $3.4 Million in Overcharges by Aramark; Problems Persist Under New Contractor, by Derek Gilna
- $175,000 in Damages, Attorney Fees Against Sentinel Offender Services
- Maine DA Sued for Malicious Prosecution
- New York State Closes 14 Prisons Amid Decline in Crime Rates, by Christopher Zoukis
- Study: 95 Percent of Elected Prosecutors are White, by Joe Watson
- Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing
- Arizona: Police Lieutenant Gets Special Treatment During DUI Jail Sentence
- One Oregon Prisoner + Sex with Two Jailers = 86 Months in Prison , by Mark Wilson
- Death Penalty Opponents File Suit to Thwart California’s Prop. 66
- Seventh Circuit Reinstates Illinois Jail Prisoner’s Failure-to-Protect Suit
- Washington: Teen’s Death in Tribal Jail Sparks Lawsuit, Contract Scrutiny
- Florida County Votes against New Jail on Former EPA Superfund Site, Opts to Stay in Flood Zone , by Panagioti Tsolkas
- A Story of Racial Bias, the Absence of Mercy, and a Death in Prison
- Justice Department Inspectors Find Problems with BOP Reentry Programs, by Derek Gilna
- Hawaii: Prison Subcontractor under Scrutiny
- Negative Report Foreshadows End of G4S Juvenile Operations in UK, by Derek Gilna
- Texas: “San Antonio Four” Exonerated after Two Decades
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- Legacy of Mass Incarceration: Parental Incarceration Impacts One in Fourteen Children , by Christopher Zoukis
- Fourth Circuit Reverses Dismissal of FTCA Failure-to-Protect Suit, by Matthew Clarke
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- From the Editor, by Paul Wright
- News in Brief
More from Matthew Clarke:
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- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
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- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025. Failure to Protect (General), Food, Staffing.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing, Aug. 1, 2025. Failure to Protect (General), Overcrowding, Bedding.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- 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.
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