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Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Article • November 15, 1998 • from PLN November, 1998
No Immunity in Failure to Protect Informant Suit by In the April, 1998, issue of PLN we reported Dowling v. Hannigan , 968 F. Supp. 610 (D KS 1997). The case involved Kansas state prisoner and informant Mark Dowling, who claimed prison officials were deliberately indifferent to his safety when …
Physical Injury Limit Defined, Wrongly by A federal district court in Texas dismissed a lawsuit as being legally frivolous for not alleging sufficient physical injury under 42 U.S.C. § 1997e(e). Thinh Minh Luong is a Hawaii state prisoner transferred to the Dickens County Corrections Center, a private prison operated by …
Article • April 15, 1998 • from PLN April, 1998
Failure to Protect Informant Claim Set for Trial by A federal district court in Kansas held that disputed facts required a trial to resolve whether prison officials were deliberately indifferent to a prisoner's safety. Mark Dowling is a prisoner informant in Lansing, Kansas. On August 11, 1994, Lt. Gordon Brown …
Failure to Protect Informant Violates 8th Amendment by The court of appeals for the third circuit held that prison informants have an eighth amendment right to be protected from the consequences of their informing and that a lower court erred in failing to appoint counsel. Jerome Hamilton is a Delaware …
Counselor Liable in Failure to Protect Claim by A federal district court in Illinois held a prison counselor could be found liable for denying a prison snitch protective custody when the informant was later attacked by his many enemies. Hubert Hill is an Illinois state prisoner who has informed on …
PLRA Physical Harm Requirement Not Retroactive by A federal district court in Indiana held that 42 U.S.C. § 1997e(e), which precludes suits by prisoners seeking money damages in the absence of physical harm, does not apply retroactively to suits filed before the PLRA's enactment. The court also held a prisoner …
Article • August 15, 1997 • from PLN August, 1997
No P.C. for Informants by The court of appeals for the eighth circuit held prison officials were not liable when a prison informant was assaulted after being evicted from protective custody (PC). Missouri prisoner Ricky Davis is described by the court as "a prison informant." Davis was placed in PC …
Interlocutory Appeals Discussed by The eighth circuit court of appeals has distinguished recent supreme court decisions as to when interlocutory appeals can be heard by appeal courts. Gerry Reece, a Missouri state prisoner, was in protective custody due to being a DEA informant and a snitch in a murder trial. …
Open Prison Barracks Unsafe by In the past fifteen years of massive prison expansion many prison systems have opted to build open dormitory type prison barracks because they are substantially cheaper to build than conventional cell blocks. There are inherent shortcomings in this type of prison design. The Connecticut DOC …
Article • April 15, 1994 • from PLN April, 1994
Informant Sues Over Disclosure by Steve Rutledge is an informant in the Illinois state prison system. While housed at the Joliet prison he informed on members of the North Side gang who were planning an escape attempt. As a result, the would-be escapees were segregated, infracted and punished. Prison officials …
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