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Tenth Circuit Reverses Dismissal of Failure to Protect Suit

Loaded on March 15, 2010 by Brandon Sample published in Prison Legal News March, 2010, page 47
Filed under: Discrimination, Gay/Lesbian, Failure to Protect (General), Appointment of Counsel. Location: Colorado.
The U.S. Court of Appeals for the Tenth Circuit has reversed the dismissal of a lawsuit filed by a Colorado prisoner who requested but was denied protection from prison gang members.

Scott L. Howard, a self-described “openly homosexual” prisoner of “slight build,” was a target from the moment he arrived ...

 

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More from this issue:

  1. The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned, by Bob Sloan
  2. From the Editor, by Paul Wright
  3. First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case, by Matthew Clarke
  4. Less Than Equal: State officials, including prejudiced human-rights commissioners, block Prisoner complaints, by Lance Tapley
  5. Prison Labor Bails Out State and County Budgets, by Gary Hunter
  6. All Eyes On the Court: An Interview with Attorney and Federal Court Monitor Fred Cohen, by Todd Matthews
  7. Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending, by Brandon Sample
  8. California Cuts Funding for Prop 36 Drug Treatment Programs, by Michael Brodheim
  9. Michigan Study Shows Incarceration Can Cause Illness in Loved Ones, by Gary Hunter
  10. Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal
  11. Sexual Victimization Widespread in U.S. Correctional Facilities, by Brandon Sample
  12. Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State, by Jimmy Franks
  13. Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges, by Joseph R. Dole
  14. A Tight Leash: Judges Micromanage Federal Offenders After Release, by Brandon Sample
  15. Texas Counties Give Up on Probationer Restitution Centers, by Matthew Clarke
  16. Prisoner Transport Guards Accused of Forcing Prisoner to Perform Sex Acts, by Michael Brodheim
  17. Call Your Attorney from Jail, Go to Prison, by John Dannenberg
  18. Washington Sex Offender Relieved of Obligation to Register
  19. Texas Youth Commission Causes Consternation, Conflict in State Legislature, by Gary Hunter
  20. Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants, by Brandon Sample
  21. California Prisoner Settles Medical Suit for $35,000
  22. California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population, by John Dannenberg
  23. New Orleans Jail Conditions Found Unconstitutional, by Jimmy Franks
  24. Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating
  25. California Prison Erupts, Hundreds Hurt in Riot, Multiple Causes Cited
  26. In Support of Ending Prosecutorial Misconduct, by Jimmy Franks
  27. GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement
  28. South Carolina Prisoner Does Easy Time, by Gary Hunter
  29. $100,000 Settlement in New York Prisoner’s Slip and Fall Claim
  30. $750,000 Settlement in Alabama Prisoner’s Heat Death
  31. Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA, by Brandon Sample
  32. Shrinking Budgets Force States to Cut Corrections Spending, by Bob Williams
  33. $60,000 Settlement for Washington Prisoner Injured by Chemical Spill
  34. GEO Group Buys Just Care For $40 Million
  35. Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy
  36. $2.1 Million Awarded in New York Unjust Conviction Claim
  37. Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida
  38. Washington DOC Ordered to Pay $174,000 for False Imprisonment
  39. Canadian Appellate Court Affirms $12,000 Judgment for Prisoner
  40. Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation
  41. $3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner
  42. $80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault
  43. $200,000 Settlement in Florida Prisoner’s Suicide Death
  44. Texas Prison Guard Gets 24 Months in Federal Prison
  45. Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit
  46. Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld
  47. Massachusetts GPS Program Upheld by State Supreme Court, by Mark Wilson
  48. Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause, by Brandon Sample
  49. Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit, by Mark Wilson
  50. Tenth Circuit Reverses Dismissal of Failure to Protect Suit, by Brandon Sample
  51. Defendants Denied Qualified Immunity in Tennessee Jail Detainee’s Death, by Mark Wilson
  52. Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed, by John Dannenberg
  53. Texas to Eliminate Centralized Release of Prisoners
  54. News in Brief:
  55. Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case, by Mark Wilson

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