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Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur

Loaded on Sept. 1, 2022 by Casey Bastian published in Prison Legal News September, 2022, page 52
Filed under: Prisoner-Prisoner Assault, Settlements, Mental and Emotional Conditions/Distress/Claims. Location: Pennsylvania.

by Casey J. Bastian

On March 1, 2022, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a federal prisoner’s lawsuit, finding that even though a Bureau of Prisons (BOP) staffer put him at risk of assault, damages were not warranted because the “risk never materialized.” ...

 

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More from this issue:

  1. “Unconscionable and Unacceptable” Conditions in Georgia DOC With 57 Prisoners Murdered in Two Years, by Casey Bastian
  2. From the Editor, by Paul Wright
  3. Settlement Delivers Huge Gains for Montana Prisoners with Mental Illnesses, by Kevin Bliss
  4. Federal Court Puts Troubled Mississippi Jail in Receivership, by Keith Sanders, David Reutter
  5. Sixth Circuit Again Extends Kingsley Protections for Pretrial Detainees in Deliberate Indifference Claim Against Kentucky Jail, by David Reutter
  6. CoreCivic Workers Unionize and Go On Strike at Arizona Prison, by Benjamin Tschirhart
  7. Federal Court Says Illinois Statute Barring More Than One Sex Offender per Address Is Unconstitutional, by Matthew Clarke
  8. 17 States and DC Have Stopped Reporting Active COVID Cases Behind Bars, by Victoria Law
  9. The Catalog of Carceral Surveillance: Voice Recognition and Surveillance, by Cooper Quintin, Beryl Lipton
  10. Arizona Closing Prison, Moving Prisoners to CoreCivic Lockup, by Edward Lyon
  11. Tenth Circuit Revives Suit Against Oklahoma Jail for Medical Neglect Leading To Detainee’s Death, by David Reutter
  12. California Court Sides With Securus in Challenge to CDCR Contract, Dealing Only Temporary Setback to GTL, by David Reutter
  13. All Ohio Prison Guards to Wear Body Cams, by Keith Sanders
  14. Monkeypox: A Global Health Emergency, by Michael D. Cohen, MD
  15. SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence, by Mark Wilson
  16. $1.1 Million Settlement Paid by Michigan County to Estate of Detainee Who Committed Suicide at Jail, by David Reutter
  17. Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
  18. Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust, by Matthew Clarke
  19. U.S. Supreme Court Grants Texas Prisoner Religious Touch and Audible Prayer During Execution, by Matthew Clarke
  20. California Appeals Court Says Prop. 57 Doesn’t Require In-Person Parole Hearings, by Kevin Bliss
  21. Oregon Appeals Court Okays Legal Change of Transgender Prisoner’s Name and Sex, by Jacob Barrett
  22. Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols”, by Matthew Clarke
  23. Florida Now Digitizing Incoming Mail for State Prisoners, by Kevin Bliss
  24. $7,500 Settlement Reached for Assault in California Jail, by David Reutter
  25. Impact of Felons’ Voting Minimal, MIT Researchers Find, by Keith Sanders
  26. $1.375 Million Award in Hawaii Prisoner’s Suicide, by David Reutter
  27. Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur, by Casey Bastian
  28. Seventh Circuit Allows Wisconsin Prisoner to Amend Inartfully Pleaded Pro Se Complaint, by Matthew Clarke
  29. Florida Supreme Court Reinstates Prisoner’s Appeal That Was Dismissed for Lack of Prison Date Stamp, by David Reutter
  30. Indiana Caps Phone Rates in State Prisons and Jails, by Ashleigh Dye
  31. Senators Spank BOP Director on Last Day Before Replacement by Former Oregon DOC Director, by Jacob Barrett
  32. New York Lifts Blanket Internet Ban on Sex Offenders, by Jayson Hawkins
  33. Even as U.S. Jail Population Declines, Average Length of Stay Rises, by Ashleigh Dye
  34. Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional, by David Reutter
  35. Embattled Los Angeles County Sheriff, Brawling Over Closing Decrepit Jail, Accused of Ignoring Deputy “Gangs”, by Matthew Clarke
  36. California Sheriff’s Pay-to-Play Scandal Reflects Nationwide Corruption Potential Documented in Watchdog Report, by Jayson Hawkins
  37. $90,000 Paid to Settle Lawsuit Over Recorded Attorney-Client Calls at Wisconsin Jail, by Casey Bastian
  38. “Jailhouse Lawyer 360” Shut Down by California Bar, by Jayson Hawkins
  39. California Jail Enters Settlement Agreement Resolving DOJ Investigation into ADA Violations, by David Reutter
  40. Pennsylvania County Pays $147,500 to Jail Detainees Held in Solitary for Refusing To Cut off Dreadlocks, by Matthew Clarke
  41. News in Brief

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