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Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit

Loaded on Sept. 1, 2021 by Matthew Clarke published in Prison Legal News September, 2021, page 54
Filed under: Failure to Protect (Staff), Dismissal. Location: Texas.

by Matt Clarke

On May 5, 2021, the Fifth Circuit court of appeals reversed the dismissal of a federal civil rights lawsuit brought by a Texas state prisoner who alleged an assistant warden failed to protect him from an attack by a prisoner who had previously threatened him.

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More from this issue:

  1. Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action, by Matthew Clarke
  2. Nominal Representation Without Actual Representation: One Person, No Vote, by Edward Lyon
  3. Louisiana Bars Problem Doctors from Practicing Medicine in Most Hospitals. So They Treat Incarcerated People Instead., by Addy Baird
  4. California Female Prisoners Used as Honey Trap Bait for Rapist Guard, by Edward Lyon
  5. From the Editor, by Paul Wright
  6. Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, by Derek Gilna
  7. California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, by Derek Gilna
  8. Modest Decline in Prison and Jail Populations in Spring 2021, by Matthew Clarke
  9. FCC Takes Further Action on Prison and Jail Phone Rates, by Chuck Sharman
  10. Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application, by David Reutter
  11. Federal BOP Overwhelmingly Denies Compassionate Releases During COVID, by Daniel A. Rosen
  12. HRDC Sues Florida DOC Over Censorship, for the Third Time in 18 Years, by Chuck Sharman
  13. Fourth Circuit: No Privacy Expectation Exists for Prisoner in Diagnosis and Treatment of HIV, by David Reutter
  14. Pandemic Medical Update: The Delta Surge, by Michael D. Cohen, MD
  15. These Meds Prevent Overdoses. Few Federal Prisoners Are Getting Them, by Beth Schwartzapfel
  16. Massachusetts Cop Indicted for Lying About Checking Cell of Prisoner Who Died of Drug Overdose
  17. New Clemency Rules Expected to Expedite Civil Rights Restoration in Florida, by Kevin Bliss
  18. Florida Files Environmental Lawsuit Against Phosphate Company Pollution, by Panagioti Tsolkas
  19. HRDC Sues Illinois DOC Under FOIA, Again, for GTL Contract Details, by Chuck Sharman
  20. The Fight Over Cellphones in Prisons Rages On, by Derek Gilna
  21. San Diego Jail Approves Free Phone and Video Calls
  22. Lawsuit Over Alabama Private Mega-Prison Leases Dismissed, by Daniel A. Rosen
  23. Eighth Circuit Holds Lack of “Clearly Established” Law Requiring Staffer to Notify of Prisoner’s Suicide Risk Prevented Damages, by Dale Chappell
  24. EPA Slams GEO Over Disinfectant Use at Private Prison, Federal Court Issues Preliminary Injunction to Stop It, by Dale Chappell
  25. $10 Million Settlement in Taser Death of Mentally Ill Man in South Carolina Jail, by David Reutter
  26. Criminal Justice System Encourages Racism According to MIT Study, by Kevin Bliss
  27. $750,000 Settlement in South Dakota Pretrial Detainee’s Overdose Death, by David Reutter
  28. US Marshalls Terminate Contract with GEO Snitch Camp at Queens NY Detention Facility, by Douglas Ankney
  29. Florida’s Brutal Prison System Will Continue to Subsidize Rural Economies, With No Meaningful Reform in Sight, by David Reutter
  30. California Begins Transfer of Prisoners to Facilities Consistent with Prisoners’ Gender Identity, by Douglas Ankney
  31. US DOJ Finds California Alameda County Jail in Violation of Constitution and ADA, by Matthew Clarke
  32. Report Shows COVID-19 Reduced Life Expectancy for Prisoners in Florida, Same Likely for Other States, by David Reutter
  33. Ohio Guard Added to Sex Offender List and Sent to Prison for Sex with Detainee
  34. $350,000 Settlement for New Mexico Pretrial Detainee in ‘Failure to Protect’ Claim, by David Reutter
  35. The Killing Fields: Three Alabama State Prisoners Murdered in Five Days, by Edward Lyon
  36. New Mexico Jail Sued For Allowing Woman Prisoner to Die of Infections, by Keith Sanders
  37. Beating Death in Oahu Jail Ends With Acquittal of Mentally Ill Killer, by Kevin Dayton
  38. $2.1 Million Awarded in Beating Ordered by Kentucky Jail Guard
  39. Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation, by Matthew Clarke
  40. Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney, by Matthew Clarke
  41. Lawsuit Filed Over Rodent Infestation at New Mexico Prison, by David Reutter
  42. Illinois Prison Guard Charged for Assaulting a Prisoner
  43. District Court Extends Armstrong Order to Five Additional California Prisons, by Derek Gilna, Douglas Ankney
  44. Decapitated Prisoner Shows CDCR Safety Standards Still Headed in the Wrong Direction, by Matthew Clarke
  45. The U.S. Department of Justice Creates Risk Assessment Tool to Help Determine Who is Eligible for Early Release Under First Step Act
  46. Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
  47. California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery, by Matthew Clarke
  48. Two Albuquerque Jailers Indicted for Killing Prisoner, by Matthew Clarke
  49. Attorney Fees Awarded Against CoreCivic After Defamation Suit Dismissed, by David Reutter
  50. Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth, by Dale Chappell
  51. Prisoner’s Suicide in Sherburne County Minnesota Jail Results in $2.3 Million Settlement, by Keith Sanders
  52. $30,001 Jury Verdict Over Discriminatory ICE Notification Policy By Minnesota Jail, by Kevin Bliss
  53. Massachusetts Supreme Judicial Court Rules on Medical Parole Despite Death of Prisoners Who Sought Judicial Review, by Matthew Clarke
  54. News in Brief

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