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· 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 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.