· 5/19/1986
Dale Walker v. Charles Rowe and David Sandahl
Citations
- 791 F.2d 507
- 1986 U.S. App. LEXIS 25198
- 54 U.S.L.W. 2616
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing jury verdict in favor of prison guards and widows of guards hurt and No. 20-1279 9 killed in prison uprising even if supervisors were grossly neg- ligent in failing to protect against violence by prisoners
- “grossly negligent” failure, which defendants “knew ... increased the risk of injury” but “after full deliberation did nothing”
- due process clause does not afford prison guards who choose line of employment the right to protection from prison riots
- “[M]ost provisions of the bill of rights do not forbid simple neglect, and the Constitution does not make supervisory officeholders vicariously liable for the acts and omissions of their subordinates.”
- though plaintiff may plead a claim either way, “if he pleads what is naturally an official capacity suit as an individual capacity suit, he avoids the eleventh amendment problem but confronts a fatal problem—inability to prove personal responsibility”
- rejecting, pre-DeShaney, the type of affirmative duty claim here advanced
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Cummings, East-Erbrook, Noland
Read full opinion on CourtListenerSourced 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.