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· 12/22/1982

Charles Buford Stewart v. Aileene Love, Warden, and Michael Dutton

Citations

  • 696 F.2d 43
  • 1982 U.S. App. LEXIS 23099

How courts have described this case

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

  • reasoning that, “[h]ad no action whatsoever been taken to protect the plaintiff, the court would be inclined to allow this action to proceed to a full hearing.”
  • noting “mere negligence” is insufficient “to give rise to culpability under the eighth amendment”
  • negligence for failure to protect from assault by other inmates is not actionable under eighth amendment
  • negligence for failure to protect from assault by other inmates is not actionable under eighth amendment
  • a single, isolated attack was insufficient to state a failure to protect claim
  • warden must play a personal role in the constitutional deprivation

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Clure, Lively, Morton, Per Curiam, Phillips

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.