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Civil Rights: Inmate Action-Failure to Protect-Discovery
Staff Report//May 24, 2019
Where an inmate challenged the dismissal of his failure-to-protect claim, the district court did not abuse its discretion in denying leave to amend the complaint because the proposed amendments added new defendants and claims, and the judgment is affirmed because the court did not err in dismissing the original complaint because the inmate did not allege facts indicating that any defendant had failed to provide a reasonable response to a known substantial risk of harm, and the court did not abuse its discretion in staying discovery while it addressed the motion to dismiss.
Judgment is affirmed.
Doering v. Kelley (MLW No. 73259/Case No. 18-2767 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas.
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