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· 8/16/2011

ASARCO, L.L.C. v. Elliott Management

Citations

  • 650 F.3d 593
  • 66 Collier Bankr. Cas. 2d 1
  • 2011 U.S. App. LEXIS 16892
  • 55 Bankr. Ct. Dec. (CRR) 79

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the inmate’s “allegations indicate that defendants may have negligently failed to ensure that inmates were informed of and used proper lifting techniques,” but that “[n]egligence does not rise to the level of an Eighth Amendment violation”
  • explaining that “[w]ell- settled law bars . . . claims against Kansas and its agencies or arms” as well as “claims for money damages from Kansas employees in their official capacities”
  • finding that defendant’s failure to provide any safety training or safety measures in connection with plaintiff’s prison work might show negligence but did not reach the level of deliberate indifference required to establish an Eighth Amendment violation
  • assuming the objective prong met and affirming dismissal after discussion of the subjective prong
  • “[a]n amended complaint supersedes the original complaint and renders the original complaint of no legal effect”
  • ‘An amended complaint supersedes the original complaint and renders the original complaint of no legal effect.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Stewart

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.