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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:
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More from John Dannenberg:
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- 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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- 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
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- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
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- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025. Failure to Protect (General), Food, Staffing.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing, Aug. 1, 2025. Failure to Protect (General), Overcrowding, Bedding.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
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- News in Brief, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Failure to Protect (General), Pepper Spray/Tear Gas, halfway houses, New Trial/Judgment of Acquittal, Bribery/Extortion/Theft, Fraud and Deceit.