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Eighth Circuit Finds Verified Complaint Defeats Summary Judgment Motion in Failure-to-Protect Case

Loaded on March 5, 2019 by Matthew Clarke published in Prison Legal News March, 2019, page 22
Filed under: Sexual Assault, Failure to Protect (General). Location: Arkansas.

by Matt Clarke

On August 20, 2018, the Eighth Circuit Court of Appeals rejected an appeal filed by officials at the Northeast Arkansas Community Corrections Center (NEACCC) in a lawsuit alleging they had failed to protect a prisoner from being physically and sexually harassed, threatened and assaulted, and instead punished ...

 

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  1. News in Brief
  2. Executive Order Prompts BOP to Expand Prison Apprenticeship Programs, by Dale Chappell
  3. Fourth Circuit: BOP Must Consider State Court’s Designation to Serve Concurrent Federal Sentence
  4. Hedge Fund Pumps More Money into Corizon Health
  5. “Prisoner of Weed” Released, Sets Sights on Criminal Justice Reform, by Dale Chappell
  6. CoreCivic Bilked Rural Oklahoma Town, Forced to Pay Back Money in Lawsuit, by Steve Horn
  7. Kentucky Jailer Gets New Trial in Beating of Pretrial Detainee
  8. Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim, by David Reutter
  9. Colorado Voters Approve Constitutional Amendment Abolishing Prison Slavery, by Matthew Clarke
  10. Settlement in Lawsuit Against Missouri DOC’s Selection of Execution Witnesses, by Kevin Bliss
  11. New York Criminal Defense Attorney Charged with Federal Crimes, by Chad Marks
  12. Prisoner Who Inspired First Step Act Is First Released, by Kevin W. Bliss
  13. Reports Cite Poor Leadership in U.S. Marshals Service, by Edward Lyon
  14. Long-Term Illinois Prisoners Rarely Released by State Parole Board, by Rick Anderson
  15. North Carolina Prison Guard Sues Over Religious Discrimination, by Monte McCoin
  16. Voters Consider Criminal Justice-Related Issues in Midterm Elections, by Steve Horn
  17. California Prison Psychologist Blows Whistle on LGBTQ Harassment, Settles Lawsuit for Retaliation, by Dale Chappell
  18. Grandmother Arrested and Mocked by Federal Agents Awarded $55,000 Settlement, by Chad Marks
  19. LA County Jail Guards’ Conviction for Assaulting Visitor Upheld, by David Reutter
  20. Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process, by Mark Wilson
  21. Wisconsin Federal Court Denies New Trial, Grants Attorney Fees in Sexual Abuse Case
  22. $150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner, by Kevin Bliss
  23. Federal Court Certifies Class in Ohio County Jail Debit Card Case, by Chad Marks
  24. Seventh Circuit Vacates, Remands Punitive Damages Award Against Wexford, by Derek Gilna
  25. Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims, by Mark Wilson
  26. Alaska Disciplinary Order Vacated for Violating Wolff’s Statement of Reasons Requirement, by Mark Wilson
  27. No Summary Judgment for Jail’s Denial of Mental Health Treatment; $150,000 Settlement, by Mark Wilson
  28. Closed Since 2013, Tamms Prison Now “Rampant” with Mold, by Matthew Clarke
  29. Female Prisoner Wore Wire to Take Down Rikers Island Guards, Wins $425,000 Settlement, by Rick Anderson
  30. Counties Modify, Cancel Contracts for Privately Operated Immigration Detention Centers, by Matthew Clarke
  31. Two Transgender Prisoners Transferred to Women’s Prison, by Matthew Clarke
  32. Ohio Governor Commutes Death Sentences, Grants Reprieves for Another, by Edward Lyon
  33. HRDC Settles Lawsuit Against Mississippi Jail that Only Allowed Religious Reading Materials
  34. Report Released on Deaths in Utah Prisons and Jails, by Edward Lyon
  35. Indiana Prisoners Win Partial Summary Judgment in Jail Conditions Case, by Edward Lyon
  36. Free Phone Calls for Juvenile Offenders Jailed in Memphis, Tennessee, by Kevin W. Bliss
  37. Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner, by Derek Gilna
  38. Connecticut Prisoner Survives DOC’s Summary Judgment Motion in Mental Health Suit, by Edward Lyon
  39. Santa Clara County Settles Lawsuit, Makes Jails Handicapped Accessible, by Steve Horn
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  41. Idaho Supreme Court Vacates Conviction After D.A. Seizes Jailed Defendant’s Legal Notes, by Matthew Clarke
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  47. In Memoriam: Jane Kahn (1954-2018), by Paul Wright
  48. Report Shows 50 New York Prisoners Died from Inadequate Medical Care in Last Five Years, by Dale Chappell
  49. Washington County, School District Pay $265,000 for Holding Juveniles in Solitary, by Dale Chappell
  50. Fifth Circuit Holds Magistrate Judge Has No Authority to Deem Motion for Reconsideration Withdrawn, by Matthew Clarke
  51. County Detainees Protest Food Served at New Hampshire Jail, by Kevin W. Bliss
  52. Philadelphia Robbing the Poor Through Civil Forfeiture, by Edward Lyon
  53. Eighth Circuit Finds Verified Complaint Defeats Summary Judgment Motion in Failure-to-Protect Case, by Matthew Clarke
  54. New Sheriff Ends Juvenile Solitary Confinement at North Carolina Jail, by Kevin W. Bliss
  55. Missouri Prisoner Awarded $111,000 in Second-Hand Smoke Case, DOC Bans Smoking, by Derek Gilna
  56. Sixth Circuit Reverses Injunction Against Delousing and Group Strip Searches at Ohio Jail, by Derek Gilna
  57. Since 1996, U.S. Agriculture Department Gave Over $277 Million to Fund Local Jail Construction, by Brian Sonenstein
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  59. U.S. Marshals Report: Ohio County Jail “One of the Worst in the Country”, by Matthew Clarke
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  61. From the Editor, by Paul Wright
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