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Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict
Loaded on Feb. 15, 2008
by John Dannenberg
published in Prison Legal News
February, 2008, page 33
by John E. Dannenberg
Filed under:
Failure to Protect (General),
Civil Procedure,
Damages,
Appeals,
Qualified Immunity,
Supervisory Liability.
Location:
New York.
The Second Circuit U.S. Court of Appeals rejected a belated attempt by the New York Department of Corrections (NYDOC) to invoke a claim of qualified immunity to thwart a prisoner's substantial jury verdict for NYDOC?s having failed to protect him.
Don Juan Britt, while imprisoned at ...
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More from this issue:
- Scandal Rocks Texas Youth Commission; Youths Molested by School Supervisors, by Gary Hunter
- From the Editor, by Paul Wright
- Oregon Parole Officer’s Molestation Victim’s Suicide Claims Settled for $210,000
- Overdetention: When Completing a Prison Sentence Just Isn’t Enough, by David Reutter
- Arizona Prison Guard Awarded $750,000 for False Sexual Misconduct Allegations
- Colorado Farms Out Prisoners to Replace Immigrant Farm Workers
- Death Sentence: The Feds Throw the Book at King County'sJail as Prisoner Fatalities Skyrocket, by Rick Anderson
- Washington State: No Restoration of Felon Voting Rights Until Fines and Restitution are Paid
- Los Angeles Settles County Jail Murder Suit For $1 Million, by John Dannenberg
- Louisiana Work-Release Prisoners Used by Sheriff in Chop Shop, by Gary Hunter
- Non-Convicted Michigan Sex Offenders Required to Register
- Independent Monitor Issues First Report on Delaware Health Care
- "Let Freedom Ring" -- Cellphones Abound In California Prisons
- Privately Run Seal Beach, California Jail Closed Following Checkered Past, by John Dannenberg
- New York Prisoner Awarded $4,250 for Knee Injury While Shackled
- $90,000 Awarded to New York Prisoner for Delay of Surgery
- Nevada Jail Strip Searches Before Release on Own Recognizance Unconstitutional
- Alabama Judge Resigns Amid Prisoner Spanking Allegations and Judicial Improprieties
- Lawsuit Exposes Jail Limbo for Mentally Incompetent Defendants in Texas, by Matthew Clarke
- BOP Removes Religious Books; Capitulates After Public Outrage, Lawsuit
- BOP Must Provide Prisoner's FOIA Request in Electronic Format
- Missouri Ordered to Pay Prisoner's $250,000 Judgment Plus Fees and Costs for Sexual Assaults by Work Supervisor, by John Dannenberg
- Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict, by John Dannenberg
- Transsexuals Treated Poorly in New York Prisons, by David Reutter
- WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion
- Broward County, FL Sheriff Resigns, Pleads Guilty to Federal Corruption Charges, by David Reutter
- Study Finds Federal Defenders Outperform CJA Attorneys
- New York Pays State Prisoner $1,100 for Disregarding Work Restrictions
- Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release, by John Dannenberg
- Spectrum Health Systems Pays Massachusetts $7.5 Million for Fraud in Concert with Civigenics
- Florida's Parole Commission Slows Restoration of Felons' Civil Rights, by David Reutter
- Alabama Prisons Sell Land to Finance Prison Building, Repair
- Federal Suit Over Wisconsin Suicide Attempt Settles for Millions, by Michael Rigby
- $100,000 Settlement in Missouri Jail Prisoner’s Methamphetamine Overdose Death
- PLN Sues CDCR Over Failure to Produce Public Records
- News in Brief:
- New Jersey "Anthrax" Legal Mail Policy Unconstitutional; Count Condemns Opening Outside Prisoner's Presence
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
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- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
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- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
More from these topics:
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- 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.
- 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).
- Two Hurricanes in Two Weeks Threaten Prisoners and Jail Detainees in Six States, Nov. 15, 2024. Failure to Protect (General), Water, Rural Prisons.
- After $750,000 Settlement, Georgia Guard Sued Second Time For Letting One Prisoner Murder Another, Nov. 15, 2024. Prison/Jail Murders, Failure to Protect (General), Settlements, Failure to Protect (Wrongful Death), Murder/Felony Murder.
- Another Payout Brings Arizona Prisoner’s Total to $92,850, Nov. 15, 2024. Failure to Protect (General), Lockdowns, Guard Brutality/Beatings, Settlements.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Florida Prisoners Exposed to Cancer-Causing Chemicals, Nov. 15, 2024. Cancer, Failure to Protect (General), Toxic Fumes/Chemicals.