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Seventh Circuit Affirms Dismissal of Failure to Protect Claim Premised on Nearly Deaf Guard Not Responding to Prisoner’s Cries for Help
Loaded on March 28, 2022
by Sam Rutherford
By Sam Rutherford
On February 5, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed the summary judgment dismissal of a pretrial detainee’s federal civil rights claim under 42 U.S.C. § 1983, agreeing with the lower court that a jail guard was not guilty of failure …
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More from Sam Rutherford:
- Ninth Circuit Affirms $3.84 Million Jury Verdict in Death of San Bernardino Jail Detainee from Acute Alcohol Withdrawal, March 1, 2026
- Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’, July 1, 2025
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
More from these topics:
- 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.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).
- Maryland Prisons Reel from Growing Number of Prisoner Deaths, March 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing, Deliberate Indifference.
- Southern Poverty Law Center Report Shows Culture of Abuse at Florida Prison, March 1, 2026. Failure to Protect (General), Overcrowding, Staffing, Pepper Spray/Tear Gas, Administrative Detention/Segregation.
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.