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Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur
Loaded on Sept. 1, 2022
by Casey Bastian
published in Prison Legal News
September, 2022, page 52
Filed under:
Prisoner-Prisoner Assault,
Settlements,
Mental and Emotional Conditions/Distress/Claims.
Location:
Pennsylvania.
by Casey J. Bastian
On March 1, 2022, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a federal prisoner’s lawsuit, finding that even though a Bureau of Prisons (BOP) staffer put him at risk of assault, damages were not warranted because the “risk never materialized.” ...
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More from this issue:
- “Unconscionable and Unacceptable” Conditions in Georgia DOC With 57 Prisoners Murdered in Two Years, by Casey Bastian
- From the Editor, by Paul Wright
- Settlement Delivers Huge Gains for Montana Prisoners with Mental Illnesses, by Kevin Bliss
- Federal Court Puts Troubled Mississippi Jail in Receivership, by Keith Sanders, David Reutter
- Sixth Circuit Again Extends Kingsley Protections for Pretrial Detainees in Deliberate Indifference Claim Against Kentucky Jail, by David Reutter
- CoreCivic Workers Unionize and Go On Strike at Arizona Prison, by Benjamin Tschirhart
- Federal Court Says Illinois Statute Barring More Than One Sex Offender per Address Is Unconstitutional, by Matthew Clarke
- 17 States and DC Have Stopped Reporting Active COVID Cases Behind Bars, by Victoria Law
- The Catalog of Carceral Surveillance: Voice Recognition and Surveillance, by Cooper Quintin, Beryl Lipton
- Arizona Closing Prison, Moving Prisoners to CoreCivic Lockup, by Edward Lyon
- Tenth Circuit Revives Suit Against Oklahoma Jail for Medical Neglect Leading To Detainee’s Death, by David Reutter
- California Court Sides With Securus in Challenge to CDCR Contract, Dealing Only Temporary Setback to GTL, by David Reutter
- All Ohio Prison Guards to Wear Body Cams, by Keith Sanders
- Monkeypox: A Global Health Emergency, by Michael D. Cohen, MD
- SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence, by Mark Wilson
- $1.1 Million Settlement Paid by Michigan County to Estate of Detainee Who Committed Suicide at Jail, by David Reutter
- Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
- Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust, by Matthew Clarke
- U.S. Supreme Court Grants Texas Prisoner Religious Touch and Audible Prayer During Execution, by Matthew Clarke
- California Appeals Court Says Prop. 57 Doesn’t Require In-Person Parole Hearings, by Kevin Bliss
- Oregon Appeals Court Okays Legal Change of Transgender Prisoner’s Name and Sex, by Jacob Barrett
- Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols”, by Matthew Clarke
- Florida Now Digitizing Incoming Mail for State Prisoners, by Kevin Bliss
- $7,500 Settlement Reached for Assault in California Jail, by David Reutter
- Impact of Felons’ Voting Minimal, MIT Researchers Find, by Keith Sanders
- $1.375 Million Award in Hawaii Prisoner’s Suicide, by David Reutter
- Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur, by Casey Bastian
- Seventh Circuit Allows Wisconsin Prisoner to Amend Inartfully Pleaded Pro Se Complaint, by Matthew Clarke
- Florida Supreme Court Reinstates Prisoner’s Appeal That Was Dismissed for Lack of Prison Date Stamp, by David Reutter
- Indiana Caps Phone Rates in State Prisons and Jails, by Ashleigh Dye
- Senators Spank BOP Director on Last Day Before Replacement by Former Oregon DOC Director, by Jacob Barrett
- New York Lifts Blanket Internet Ban on Sex Offenders, by Jayson Hawkins
- Even as U.S. Jail Population Declines, Average Length of Stay Rises, by Ashleigh Dye
- Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional, by David Reutter
- Embattled Los Angeles County Sheriff, Brawling Over Closing Decrepit Jail, Accused of Ignoring Deputy “Gangs”, by Matthew Clarke
- California Sheriff’s Pay-to-Play Scandal Reflects Nationwide Corruption Potential Documented in Watchdog Report, by Jayson Hawkins
- $90,000 Paid to Settle Lawsuit Over Recorded Attorney-Client Calls at Wisconsin Jail, by Casey Bastian
- “Jailhouse Lawyer 360” Shut Down by California Bar, by Jayson Hawkins
- California Jail Enters Settlement Agreement Resolving DOJ Investigation into ADA Violations, by David Reutter
- Pennsylvania County Pays $147,500 to Jail Detainees Held in Solitary for Refusing To Cut off Dreadlocks, by Matthew Clarke
- News in Brief
More from Casey Bastian:
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, Oct. 1, 2023
- Two Dead and $4.675 Million Paid After Deputies’ Alleged Misconduct in California’s Sonoma County, Sept. 15, 2023
- Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies, Sept. 1, 2023
- Deceiving Themselves: How Cops’ False Belief in Their Ability to Detect Deception From Nonverbal Cues Leads to Miscarriages of Justice, Aug. 1, 2023
- Bureau of Justice Statistics Releases Latest First Step Act Data, June 15, 2023
- $775,000 Paid for Mentally Ill California Jail Detainee Who Compulsively Drank Water Until He Died, June 15, 2023
- Report Reveals Extent of Federal Pretrial Detention Crisis, June 15, 2023
- Sixth Circuit: “Minimal Findings Necessary” Before Garnishing Funds From Federal Prisoner in Ohio, June 15, 2023
More from these topics:
- Shocking Video Footage Reveals Rampant Violence and Neglect in Los Angeles County Jails, April 26, 2024. Staff-Prisoner Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Jail Specific.
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024. Prisoner-Prisoner Assault, Jail Misconduct, Jail Specific, Wrongful Death, Excessive Force (Wrongful Death), Public Records Act.
- Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It, Feb. 1, 2024. Settlements, Mandamus, Public Records, Public Records Act.
- Alabama DOC Proves Truly “Heartless”, Jan. 1, 2024. Prisoner-Prisoner Assault, Guard Misconduct, Threats by Staff, Parole Board Misconduct, Retaliation for Litigating, Retaliation for Media Contact, Retaliation for Organizing, Whistleblowing, Retaliatory Segregation, Prison/Jail Murders, Failure to Protect (General), Staffing, Wrongful Death, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement.
- West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, Jan. 1, 2024. Prisoner-Prisoner Assault, Sex Offenders (Discrimination), Failure to Protect (General).
- $10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing, Jan. 1, 2024. Prisoner-Prisoner Assault, Snitch Jacketing, Failure to Protect (General), Attorney Fee Awards, Attorney Fees (PLRA).
- Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure, Jan. 1, 2024. Prisoner-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances.
- Indiana Settles Prisoner’s Retaliation Claim for $4,500, Dec. 1, 2023. Retaliation for Litigating, Retaliation for Filing Grievances, Settlements.
- $40,000 Paid to Ohio Detainee Kicked in the Face While Restrained, Dec. 1, 2023. Guard Brutality/Beatings, Restraints, Settlements.
- $26,500 in Settlements in Former California Prisoner’s Retaliation Lawsuits, Dec. 1, 2023. Retaliation for Litigating, Retaliation for Filing Grievances, Settlements.