×
You've used up your 3 free articles for this month. Subscribe today.
Risk of Serious Harm States Claim
Loaded on Aug. 15, 1998
published in Prison Legal News
August, 1998, page 29
A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be punitive are also unconstitutional. Richard Heisler was ...
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:
- Through the Civil Commitment Looking Glass, by Tamara Menteer
- A Zoo Within a Prison
- CCA Sells Self; Wackenhut Creates REIT
- From the Editor, by Dan Pens
- NJ Prisoners Refuse to Swallow PINs
- Idaho Law Libraries Closed, Pillaged, by M.M.
- STGMU-tized in New Jersey, by T.R.
- Notes from the Unrepenitentiary, by Laura Whitehorn
- MCI Refund to Florida Prisoner Families
- Los Angeles Jail Death Ruled Homicide
- The Tough-On-Crime Myth: Real Solutions to Cut Crime, by Daniel Burton-Rose
- The Real War on Crime: The Report of the National Criminal Justice Commission (Book Review), by Daniel Burton-Rose
- The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice, by Daniel Burton-Rose
- Union County, NJ, Jail Guards Convicted
- PLRA Finding Required for Injunctive Relief
- Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief
- TDCJ PLRA Forms Okay
- CA Tort Claim Not Required for Administrative Exhaustion
- Consent Decree Termination Upheld
- Dismissal for Lying About Poverty Affirmed
- PLRA Filing fees Don't Apply to Civil Commitments
- PLRA Fees Don't Apply to Mandamus
- $22,500 to Seattle WA Jail Brutality Suit
- Proof of Administrative Exhaustion Required
- Mock Prison Riot Staged
- Racism in the Ranks, by Willie Wisely
- WA Prison Telemarketing Elicits Controversy - Again, by Paul Wright
- CBCC Warden Fired in Telemarketing Hoopla
- Bureau of Prisons Estopped from Denying Sentence Reduction
- Sentence Runs During Wrongful Release
- U.S. Supreme Court Clarifies § 1983 Claims, by David C Fathi
- Jericho: Thoughts From Political Prisoners in Leavenworth, by Jaan Laaman
- Jericho '98 March and Rally
- Convict Mine Labor in the Information Age, by Dan Pens
- Cheaper to Exile Prisoners?, by Dan Pens
- Prisons Promoting Tourism, by Alex Friedmann
- Jailers Charged in Bribery, Kickback Schemes
- WI Predator-Law Poster Boy Gets Released
- WI Guard Settles Discrimination Suit for $105,000
- News in Brief
- Mailbox Rule Applied to Habeas Petitions
- WA DOC Investigators Can't Detain Visitors: Drugs Suppressed
- Oregon Guard Pleads Guilty to Perjury
- Risk of Serious Harm States Claim
- Disciplinary Hearing Violations Enjoined
- Probable Cause Required for Visitor Body Cavity Search
More from these topics:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025. Prison/Jail Murders, Conditions of Confinement, Staffing, Cruel and Unusual Punishment.
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path, March 1, 2025. Failure to Protect (General), Fire Hazards.
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025. Guard Misconduct, Failure to Protect (General), Protective Custody, Official Investigation.
- Philadelphia Held in Contempt of Jail Conditions Settlement, Ordered to Pay $25 Million, Feb. 15, 2025. Conditions of Confinement, Settlements, Contempt (Civil Procedure), Policy Considerations, Fines.
- Harvey Weinstein Files Notice of Claim Over Rikers Island Detention, Feb. 15, 2025. Systemic Medical Neglect, Conditions of Confinement, State Law Claims.
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025. Disabled Prisoners, Systemic Medical Neglect, Malpractice, Conditions of Confinement, Americans with Disabilities Act.
- Federal Prison Oversight Act Becomes Law, Feb. 15, 2025. Conditions of Confinement, Bureau of Prisons (BOP), Policy Considerations, Discovery and Inspection.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025. Failure to Protect (General), Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).