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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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- 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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- Former Detainee Sues “Disgusting” Atlanta Jail Where He Was Stabbed 13 Times, Sept. 15, 2024. Conditions of Confinement, Failure to Protect (General), Prison Brutality.
- “Too brutal, too disgusting”: Prison Guards Flee as Working Conditions Worsen, Aug. 15, 2024. Failure to Protect (General), Overcrowding, Guard Brutality/Beatings, Guards/Staff, Assaults on Staff.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, July 1, 2024. Guard Misconduct, Failure to Protect (General).
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, July 1, 2024. Corrections Corporation of America/CoreCivic, Totality of Conditions, Failure to Protect (General), State Law Claims.
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Civil Rights Actions or Offenses/Bivens Actions.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Elderly Ohio Prisoner Beaten by Cellmate Despite Warning Guards, Who Cheered Attack, June 1, 2024. Geriatric Classification, Failure to Protect (General).