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Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang

Loaded on Feb. 1, 2023 by David Reutter published in Prison Legal News February, 2023, page 34
Filed under: Prison Gangs, Failure to Protect (Staff). Location: Arizona.

by David M. Reutter

On July 5, 2022, the U.S. Court of Appeals for the Ninth Circuit held that giving a jury a standard instruction to defer to prison officials was error when the jury needed to decide whether prison officials failed to protect a prisoner from violence.

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More from this issue:

  1. Convictions at Any Cost: DOJ Report Slams Three Decades of Snitches and Due Process Violations in California’s Orange County, by Benjamin Tschirhart
  2. From the Editor, by Paul Wright
  3. New BOP Director Clears Up First Step Act Implementation, by Benjamin Tschirhart
  4. Incarcerated People Have Few Ways to Fight Back Against Censorship in Prisons, by Tamar Sarai
  5. Burning Tires Left Louisiana Prisoners With Migraines, Breathing Problems, and Minimal Medical Care As black smoke poured out of a burning tire dump in Louisiana, people inside the prison next door struggled to keep the fumes out., by Alleen Brown
  6. Ninth Circuit Says Statements Relayed at Criminal Trial By Nurse and Doctor Are Admissible, Not Hearsay, by David Reutter
  7. $959,000 Paid by Pennsylvania County in Deaths of Two Detainees, Plus at Least $750,000 from PrimeCare, by Ashleigh Dye
  8. Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards, by David Reutter
  9. Federal Judge in Pennsylvania Rules BOP Must Honor Transgender Prisoner’s Legal Name Change, by Casey Bastian
  10. Tenth Circuit Says Prison Work Assignment Covered Under ADA Protections, by Kevin Bliss
  11. Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies, by David Reutter
  12. Investigation Reveals “Black Market in Broad Daylight” for Prison Food, by Benjamin Tschirhart
  13. Record Deaths at Rikers Island Blamed on Guards’ Absenteeism, Abuse and Corruption, by Anthony Accurso, David Reutter
  14. $20,000 Paid by Centurion and MHM Health Professionals to Arizona Prisoner for Alleged Deliberate Indifference and Medical Negligence, by Jacob Barrett
  15. Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months, by David Reutter
  16. Too Many Alabama Prisoners Still Dying with Too-Few Guards, Many Corrupt, by Jo Ellen Nott
  17. Former Tennessee Police Chief Sentenced to Six Years for Abusing Arrestees, by Kevin Bliss
  18. Florida Jailers Leave Detainees Out of Evacuation Plans During Hurricane, by David Reutter
  19. Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang, by David Reutter
  20. Ninth Circuit Says California Felons Can Fight Fires While Imprisoned, But Not After, by Benjamin Tschirhart
  21. Arizona DOC Accused of Cheating Both Guards and Prisoners Out of Hourly Wages, by Keith Sanders
  22. Fourth Circuit Says Prisoners with Gender Dysphoria not Excluded from ADA Protection, by Harold Hempstead
  23. Former Texas Prisoner Wins 12-Year Fight for Justice, by Kevin Bliss
  24. Arizona Resumes Executions, by Eike Blohm, MD, Chuck Sharman
  25. Student Loan Debt and Prisoners, by Edward Lyon
  26. After Federal Judge Censors Lawyer’s Tweets About CoreCivic, Company Settles Suit Over Tennessee Prisoner’s Murder by Cellmate, by Harold Hempstead
  27. New Report Estimates U.S. Prisons Hold Nearly 50,000 People in Solitary Confinement, by Jennifer Taylor
  28. Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician, by Matthew Clarke
  29. Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, by Benjamin Tschirhart
  30. Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, by David Reutter
  31. Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention, by Matthew Clarke
  32. Georgia Jails Faulted in Struggle With High COVID-19 Infection Rates, by Kevin Bliss
  33. PLN Contributor’s Retaliation Suit Against Oregon Prison Officials Survives, by Jacob Barrett
  34. Seventh Circuit Trims What Indiana Prisoner Owes Jail Doctor in Lost Lawsuit, by David Reutter
  35. Prisoner Health Update: Hepatitis C, by Eike Blohm, MD
  36. Under New Mississippi Law, State Chooses Execution Method, by David Reutter
  37. Florida Makes Parolees Criminally Liable for Accidental Voter Registration Fraud, by David Reutter
  38. Award Slashed for Delaware Prisoner Sexually Groped by Guard, by Kevin Bliss
  39. Oklahoma Jail Guard Gets 46 Months for Setting Up White Supremacist Attack on Black Detainees, by David Reutter
  40. Federal Judge Refuses to Shorten Corruption Sentence for Former Head of New York City Jail Guards’ Union, by Matthew Clarke
  41. DOJ Releases Special Report on U.S. Prison COVID-19 Response, by Eike Blohm, MD
  42. Former Judges in Pennsylvania ‘Kids for Cash’ Scandal Must Pay $206 Million in Damages, by Ashleigh Dye
  43. $60,000 Paid by Pennsylvania County to Jail Detainee Savagely Beaten by Cellmate While Guards Allegedly Ignored Cries for Help, by Benjamin Tschirhart
  44. $300,000 Paid by Colorado to Prisoner Sexually Harassed by Guard with Foot Fetish, by Harold Hempstead
  45. $98,000 Paid by BOP to Immigrant Detainees Racially Profiled as Terrorists in New York City Lockup, by Kevin Bliss
  46. $480,000 Paid by California County to Detainee Whose Newborn Died After Guards Stopped at Starbucks en Route to Hospital, by Ashleigh Dye
  47. Former BOP Warden Convicted of Sexually Abusing Prisoners in California ‘Rape Club’ Scandal, by Kevin Bliss
  48. Fifth Circuit Denies Qualified Immunity to Mississippi Cops Who Let Injured Hemophiliac Bleed Out in Jail, by Matthew Clarke
  49. News in Brief

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