· 11/5/1998
Eric Smith v. Steve Brenoettsy, Lieutenant, John P. Whitley, Warden
Citations
- 158 F.3d 908
- 1998 U.S. App. LEXIS 28127
- 1998 WL 733727
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing an interlocutory appeal where there was a factual dispute regarding whether defendant prison officials were aware of the danger to the inmate’s safety
- showing of deliberate indifference requires proof that official was “both aware of facts from which the inference could be drawn that a substantial risk of serious harm [i.e., an actionable constitutional violation] exist[ed], and he also [drew] the inference”
- \[T]he official must ... be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists ....\ (internal quotation marks and citations omitted)
- whether a prison official actually drew the ■ inference that there was a substantial- risk of serious harm to the plaintiff is “a factual question that a court of appeals lacks jurisdiction to hear on interlocutory appeal”
- “For an official to act with deliberate indifference, ‘the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.’” (quoting Farmer v. Brennan, 511 U.S. 825, 837 (1994)
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Barksdale, Garza
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.