Plaintiff appealed from the dismissal of his 42 U.S.C. §1983 complaint, in which he sought to assert a failure-to-protect claim. Where plaintiff failed to allege facts showing that he was faced with a substantial risk of harm and/or that defendants ...

Tagged with: 42 U.S.C. §1983 Failure To Protect Prison Inmate

Where an inmate, who was attacked by a fellow inmate on his first day in prison and by another inmate two days later, brought a failure-to-protect action against a deputy warden, the judgment for the defendant is affirmed because the ...

Tagged with: Failure To Protect Inmate Action

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 ...

Tagged with: civil rights discovery Failure To Protect Inmate Action

Plaintiff, an inmate, appealed the district court’s grant of summary judgment to defendant, a detention center official, on plaintiff’s failure-to-protect claim. Where plaintiff did not submit evidence showing he suffered injury due to official policy or custom, his official-capacity failure-to-protect ...

Tagged with: 42 U.S.C. §1983 civil rights Failure To Protect Official Capacity

Patterson v. Kelley (MLW No. 72098/Case No. 16-3891 – 20 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: civil rights Denial Of Counsel Failure To Protect Inmate Action

Walker v. Kane (MLW No. 71471/Case No. 17-1345 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: civil rights Cross Examination Failure To Protect Inmate Rape