Skip navigation
Prison Legal News
× You've used up your 3 free articles for this month. Subscribe today.

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

Loaded on Nov. 15, 2023 published in Prison Legal News November, 2023, page 29
Filed under: Failure to Protect (General). Location: Texas.

Texas state prisoner Richard Luna saw his claim revived against officials with the state Department of Criminal Justice (TDCJ) on February 6, 2023, when the U.S. Court of Appeals for the Fifth Circuit determined that a lower court erred when it dismissed his challenge to a housing assignment that resulted ...

 

Full article and associated cases available to subscribers.

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. Prison Walls No Barrier to America’s Deadly Opioid Crisis, by Douglas Ankney
  2. From the Editor, by Paul Wright
  3. North Carolina Prisoner Recovers $500 for Injuries in Shower Slip and Fall
  4. DOJ Reaches Consent Decree with New Jersey Jail to Improve Mental Health Care, by David Reutter
  5. Suit Against Delaware DOC Advances With 39 Prisoner Plaintiffs and 40 Defendants, by David Reutter
  6. Defining ‘Carceral Deference’, by David Reutter
  7. Ohio Supreme Court Awards Prisoner $700 From Sheriff Who Failed to Comply with Public Records Request, by Douglas Ankney
  8. U.S. Probation System a “Quagmire” That Sets Defendants Up to Fail
  9. $12,000 Paid to California Prisoner Denied Back Surgery Despite Doctor’s Recommendation
  10. The Gun of Incarceration, by Cristian Farias
  11. Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another, by Douglas Ankney
  12. Arizona Governor Creates Independent Prison Oversight Commission, by Douglas Ankney
  13. When Prison Workers Are Exploited for Cheap Sheets
  14. Almost $2.4 Million in Settlements For Seven Suicides at New Jersey Jail, by David Reutter
  15. California Bail Bondsman Accused of Faking Captures to Bilk Courts
  16. Report: “Mass Supervision” Driving Mass Incarceration
  17. High Profile Escapes from Two Pennsylvania Jails Blamed on Staffing and Infrastructure Problems
  18. HRDC Wins Motion to Compel North Carolina Prison Officials to Answer for Censorship Policy
  19. New York Succeeds in Firing Fewer Than 10% of Guards Accused of Prisoner Abuse
  20. Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Claim
  21. St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, by Benjamin Tschirhart
  22. Condemned Arizona Prisoner Reprieved, by Benjamin Tschirhart
  23. Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA, by Douglas Ankney
  24. Ohio Prisoner’s Suit Claims Exposure to Toxic Chemicals Released in Train Derailment
  25. After Spate of Deaths, Vermont Contracts Prisoner Healthcare to Wellpath – Again
  26. Minnesota Makes All Calls Free in Prisons and Jails
  27. Connecticut Lawmakers Punt on Limiting Prison Strip Searches, by David Reutter
  28. DNA Matches Dead Australian to Nebraska Prisoner Who Escaped 56 Years Ago
  29. Two-Week Texas Prison Lockdown Ends With Puny Contraband Haul
  30. South Carolina DOC Investigates Jail After 30 Detainee Injuries, Two Escapes and Five Guard Arrests
  31. Deadline Looms for Payouts Under California’s Forced or Involuntary Sterilization Compensation Program
  32. Tennessee Private Prison Gets State’s First LGBTQ+ Group
  33. While Federal Prisoners Died of COVID-19 in Massachusetts, BOP Staff Used Up Vaccine Allotment on Themselves
  34. Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit
  35. Number Held in Solitary Confinement in U.S. Prisons and Jails Tops 122,000
  36. Nine Memphis Jailers Indicted in Death of Psychotic Detainee
  37. Alabama Prison Conditions Continue to Worsen as DOJ Trial Looms
  38. Washington Kills the Death Penalty – Again
  39. Seven Deaths in Seven Months at Dayton Jail
  40. South Carolina Supreme Court Denies Prisoner’s Challenge to DOC Policy Restricting Visitors to People He Knew Before Incarceration, by Douglas Ankney
  41. Alabama Sheriff Loses Appeal to Theft and Ethics Conviction
  42. No Hearing Required for Emergency Dose of Antipsychotic Medication for Mississippi Prisoner, by David Reutter
  43. Women Behind Bars, by the Numbers
  44. CDCR Facing Daily Fines in 33-Year-Old Suit Over Deficient Mental Health Care
  45. SCOTUS Lets Ohio Detainee’s Suit Die Over Incarceration for Parodied Police Facebook Page
  46. Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA, by Matthew Clarke
  47. $1.05 Million Settlement for Oklahoma Prisoner’s Death from Untreated Appendix Rupture, by David Reutter
  48. $24 Million for Motorist Detained and Killed by California Highway Patrol
  49. Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, by David Reutter
  50. Imprisoned Putin Critic Claims He’s Subjected to “Re-Education”
  51. News in Brief

More from these topics: