×
You've used up your 3 free articles for this month. Subscribe today.
Fear Constitutes Actual Injury
Loaded on Aug. 15, 1995
published in Prison Legal News
August, 1995, page 20
A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner in protective custody. He claimed …
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Eighth Amendment,
Physical Injury Rule.
Location:
Illinois.
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.
Already a subscriber? Login
More from this issue:
- Supreme Court Guts Due Process for Prisoners
- Pelican Bay Ruling Issued
- WA Passes Record Anti-Prisoner/Defendant Legislation, by Paul Wright
- IFP Dismissal Reversed
- Martinez Hearing Reversed
- INS Deportation Hearings Required Prior to Release, by Boyd F Campbell
- Qualified Immunity RA Defense
- Shackled Litigant Denied Due Process
- ID Rider Program Creates Liberty Interest
- 8th Amendment Discussed
- Outgoing Mail Censorship Illegal
- Translators Required for Medical Interviews
- Detainees Entitled to Non-Punitive Conditions
- No Immunity for Smoke Exposure
- OR DOC To Ban Smoking
- Hearing No Substitute for Trial
- Fear Constitutes Actual Injury
- From The Editor, by Paul Wright
- News in Brief
- Police, Death and Inquests, by Adrian Lomax
- From Senegal in Struggle, by Demba Diop
More from these topics:
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.
- The St. Louis Jails Are Running Out of Guards, Feb. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Staffing, Hygiene Supplies, Suicides.
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026. DOC/BOP misconduct, Prison/Jail Murders, Failure to Protect (General), Staffing, DOJ CRIPA Actions.
- Sixth Circuit Reinstates Lawsuit Over Failure to Properly Classify Violent Prisoners at Kentucky Jail, Feb. 1, 2026. Failure to Protect (General), Fourteenth Amendment, rights, Pretrial Detention and Detainees, Monell Liability, Prison Classification.
- Georgia Grand Jury Dings Augusta Jail for Overcrowding Days Before Violent Detainee Assault, Feb. 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).
- California Funds $38 Million Pilot Program to Investigate Methods for Cooling Three Prisons, Jan. 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Eighth Amendment, Exposure to Heat, Deliberate Indifference.
- $3.3 Million Verdict for Detainee’s Fatal Fentanyl Overdose in Southern California Jail, Jan. 1, 2026. Failure to Protect (General), Failure to Train/Supervise, Failure to Treat (Mental Illness), Monell Liability, Deliberate Indifference.
- As California Limits Water Use, People in Prison Face Punishment for Showering, Jan. 1, 2026. Overcrowding, Eighth Amendment, Environmental Law, Water, Sanitation.
- New York City Jails Face Mounting Death Toll Ahead of Likely Receivership, Jan. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $4 Million Paid to Former Rikers Island Detainee Whose Reports of Repeated Rapes Were Ignored, Jan. 1, 2026. Prisoner-Prisoner Assault, DOC/BOP misconduct, Failure to Protect (General), Security Systems, Deliberate Indifference.