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Tenth Circuit Holds Jail Guard May be Liable for Prisoner-on-Prisoner Assault
Loaded on Nov. 6, 2017
published in Prison Legal News
November, 2017, page 25
Filed under:
Prisoner-Prisoner Assault,
Jail Specific,
Failure to Protect (Staff).
Location:
Colorado.
On November 14, 2016, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity to a Colorado jail guard who failed to protect a prisoner from being assaulted.
James Durkee was incarcerated at the Summit County Detention Center when he was attacked by fellow prisoner Ricky …
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More from this issue:
- Five Years after Implementation, PREA Standards Remain Inadequate, by Derek Gilna
- Cook County Jail Locked Down on Mother’s Day; Over 200 Workers Absent, by Monte McCoin
- Supreme Court Declines to Hear Case on Jail Booking Fees, by Christopher Zoukis
- Prisoners in Flint, Michigan Lied to About Water Crisis; Lawsuit Settles, by David Reutter
- Michigan Court Forced to End “Pay or Stay” Policy, by David Reutter
- Seventh Circuit Allows Prisoner’s Eighth Amendment Claim to Proceed, by Christopher Zoukis
- Former Utah Jail Commander Pleads Guilty to Misuse of Public Money, by Monte McCoin
- Concern over Use of Prisoners to Clear Homeless Camps in Washington, Oregon, by Lonnie Burton
- Eighth Circuit Reverses Finding of Due Process Violations in Minnesota Civil Commitment Program, by Matthew Clarke
- Georgia Prison Contraband Investigation Nets 130 Arrests, Guilty Pleas, by David Reutter
- Missouri Has Difficulty Retaining Provider for Execution Drugs, by David Reutter
- $6.5 Million to Family of Wash. Diabetic Prisoner Who Died
- Wife of President Trump’s Ethics Attorney Caught Having Sex with Prisoner, by Monte McCoin
- Lawsuit Over 22 Years of Continuous Segregation Reinstated by Second Circuit, by Lonnie Burton
- $100,000 Damages Award in Jail Slip-and-Fall Upheld, by Matthew Clarke
- $250,000 Paid By Virginia Jail to Settle Deaf Prisoner Suit
- Obama Publishes Commentary on Criminal Justice Reform in Harvard Law Review, by Christopher Zoukis
- Fourth Circuit Reverses Dismissal of Deaf Prisoner’s Civil Rights Claim, by Derek Gilna
- Oregon Prison Guard Freed on Sex Charge, Victim Detained as Material Witness
- $1.2 Million to Settle with Rikers Island Rape Victims, by Derek Gilna
- Former Sheriff Arpaio Guilty of Criminal Contempt, Receives Presidential Pardon, by Joe Watson
- Nevada Supreme Court Holds Habeas Petition Not Mooted by End of Sentence
- Westboro Baptist Church Members Continue to Work in Corrections, by Matthew Clarke
- Colorado Narrowly Rejects Ballot Measure to End Slavery as Punishment for Crime, by Matthew Clarke
- Community Funds, Federal Legislation Challenging Bail System from Different Angles, by Christopher Zoukis
- Lawsuit Alleges Four Oregon Prisons Served Food “Not for Human Consumption”, by Monte McCoin
- DOJ Applauds Pennsylvania’s Commitment to Treatment for Mentally Ill Prisoners, by David Reutter
- The Elusive Dream: Closing Rikers Island, by David Reutter, Matthew Clarke
- Washington Supreme Court Reverses Prisoner’s Parental Termination Order, by Lonnie Burton
- Wiccan Prisoner Wins Injunction to Wear Medallion; Case Settles on Remand, by David Reutter
- Michigan Sheriff Settles PLN Censorship Suit for $295,000, by Derek Gilna
- Alabama DOC: Partial Settlement on ADA, Mental Health Claims; $1 Million in Attorney Fees Awarded, by David Reutter
- Florida Prisoners Denied Hernia Surgery Reach $2.1 Million Settlement, by David Reutter
- Arrested Texas Jail Nurse Refused to Test Blood Sugar of Prisoner Who Died, by Matthew Clarke
- Tenth Circuit Holds Jail Guard May be Liable for Prisoner-on-Prisoner Assault
- President of New York City Guards’ Union Faces Corruption Charges, by David Reutter
- Federal Halfway House Closures Threaten to Extend Prison Time, Delay Reentry, by Derek Gilna
- Reform of Florida’s Criminal Justice Laws Urged, by David Reutter
- Climate Refugees in Toxic Immigrant Jails Are Victims of Environmental Racism, by Candice Bernd
- Fatal Tasering at North Carolina Jail Results in $350,000 Settlement, Investigation
- From the Editor, by Paul Wright
- $285,000 Settlement in Wrongful Death Suit Against Ohio Jail
- Global Tel*Link Fails to Derail Prison Phone Suit but Dodges Class Certification, by Derek Gilna
- News in Brief
More from these topics:
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Warden Out, Nineteen Guards Administratively Charged in Maryland Prisoner’s Death, Aug. 1, 2026. Guard Misconduct, Prison/Jail Murders, Failure to Protect (Wrongful Death), Failure to Protect (Staff).
- GAO Report Finds Rampant Sexual Abuse in Federal Prisons, Most Cases Unresolved, Aug. 1, 2026. Staff-Prisoner Assault, Prisoner-Prisoner Assault, DOC/BOP misconduct, Corrections Audits, Prison Rape Elimination Act.
- New York Closes Rikers Infirmary as Broader Jail Shutdown Plan Stalls, Aug. 1, 2026. Prison Reform, Overcrowding, Jail Specific, Inadequate Health Care Facilities, Reduction of Prison Population.
- 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.
- Dallas County Jail Deaths, Many Preventable, Dramatically Increase Under Sheriff Marian Brown, June 1, 2026. Systemic Medical Neglect, Failure to Treat, Jail Specific, Medical Neglect/Malpractice, Deliberate Indifference.
- Number of Prisoners Awaiting Transfer from Jail Surging in Indiana, June 1, 2026. Transfers, Statistics/Trends, Cost of Prison Systems, Overcrowding, Jail Specific.
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- Prisoners in Norfolk, Virginia Left on Extended Lockdown, May 1, 2026. Staffing, Lockdowns, Telephone Access, Extended Family Visiting, Failure to Protect (Staff).
- $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.