· 4/1/1992
Daniel F. Duane v. Michael P. Lane, James Thieret, Warden, James Buch and Daniel Cowen
Citations
- 959 F.2d 673
- 1992 U.S. App. LEXIS 5785
- 1992 WL 63206
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a prisoner who merely establishes negligence but does not show actual knowledge of the danger cannot prevail
- holding that deliberate indifference is a high standard, and is “something approaching a total unconcern for a prisoner’s welfare in the face of serious risks,” or a “conscious, culpable refusal” to prevent harm
- holding that deliberate indifference is a high standard and is “something approaching a total unconcern for a prisoner’s welfare in the face of serious risks” or a “conscious, culpable refusal” to prevent harm
- describing the duty to protect inmates from each other as “a recognized constitutional duty”
- no cognizable Eighth Amendment claim where prisoner “makes no allegations whatsoever that speak to the [prison officials’] mental states with regard to his medical care”
- no cognizable Eighth Amendment claim where prisoner \makes no allegations whatsoever that speak to the [prison officials'] mental states with regard to his medical care\
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Kanne, Engel
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.