Bistrian v. Levi

Pretrial detainee at Philadelphia federal prison delivers notes between two members of drug gang (that had murdered six family members of witness against the gang). But first the detainee gives the notes to prison officials, who photocopy them. Yikes! Officials goof up; the detainee delivers a photocopy, rather than the original note, tipping off the gang. The detainee receives threats, makes officials aware of them. Nevertheless, he’s placed in yard with the gang members, who beat him severely. Third Circuit: No qualified immunity for prison officials who allegedly failed to protect the detainee. But he can’t sue over repeatedly being put in solitary confinement.

Tags: 2018, Eighth Amendment, Fifth Amendment, First Amendment, Qualified Immunity, Retaliation, Third Circuit

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