(DOWNLOAD) "Johnson v. Johnson" by In the United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

July 27, 2021

eBook details

Title: Johnson v. Johnson
Author : In the United States Court of Appeals for the Fifth Circuit
Release Date : January 08, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 85 KB

Description

This is a Â§ 1983 suit brought by a former Texas prisoner against fifteen prison officials. According to the plaintiffs version of events, which is disputed by the defendants, he suffered through a horrific eighteen-month period of incarceration during which the defendant prison officials failed to protect him from prison gangs who repeatedly raped him and bought and sold him as a sexual slave. His complaint asserted violations of the Eighth Amendment and the Equal Protection Clause. The district court denied the defendants motions for judgment on the pleadings and for summary judgment, and they now bring these interlocutory appeals. The defendants argue that the plaintiff largely failed to exhaust his administrative remedies and that any exhausted claims are barred by qualified immunity. We conclude that the majority, but not all, of the plaintiffs claims must be dismissed on grounds of failure to exhaust or qualified immunity. We therefore affirm in part, reverse in part, and remand.