×
You've used up your 3 free articles for this month. Subscribe today.
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 ...
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 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
- Five Wrongfully Convicted North Carolina Men Receive Almost $8 Million, by David Reutter
- 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
- Australia Uses Recidivism-Based Performance Contract at Private Prison
- Prisoner Deaths, Labor Conflicts Precipitate Loss of CA County Corizon Contract , by Derek Gilna
- Michigan: Class-action Suit Alleges Systematic Deficiencies in Prison Dental Care
- Pennsylvania: $99,000 Settlement for 22 Years in Solitary Confinement, by David Reutter
- From the Editor, by Paul Wright
- News in Brief
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path, March 1, 2025. Failure to Protect (General), Fire Hazards.
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025. Guard Misconduct, Failure to Protect (General), Protective Custody, Official Investigation.
- 20 South Carolina Prisoners Sentenced So Far for Deadly 2018 Riot, Feb. 15, 2025. Retaliation, Prison Rebellion, Prison Gangs, Staffing, Cell Phone Access.
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- California Prisoner Allegedly Ran Alaska Drug Ring from His Cell, Feb. 15, 2025. Organizing, Prison Gangs, Drug Laws/Offenses.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025. Failure to Protect (General), Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial, Jan. 15, 2025. Prison Gangs, Overcrowding, Speedy Trial Clock - Tolling of, Civil Rights Violations.
- Two Hurricanes in Two Weeks Threaten Prisoners and Jail Detainees in Six States, Nov. 15, 2024. Failure to Protect (General), Water, Rural Prisons.