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Second Circuit Holds Connecticut Can’t Indemnify Guard in Assault Case Then Seek Cost of Incarceration; $650,000 Awarded in Failure to Protect Case

Loaded on July 1, 2021 by David Reutter published in Prison Legal News July, 2021, page 46
Filed under: Guard Misconduct, Failure to Protect (General). Location: Connecticut.

by David M. Reutter

The Second Circuit Court of Appeals held that Connecticut was preempted under 42 U.S.C. § 1983 from indemnifying a guard and then seeking to recover over 60% of the judgment via state recoupment statutes. The court emphasized that its holding was based on the facts of ...

 

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