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· 7/23/2008

Howard v. Waide

Citations

  • 534 F.3d 1227
  • 2008 U.S. App. LEXIS 16187
  • 2008 WL 2814821

How courts have described this case

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

  • recognizing that prison inmates have a clearly established Eighth Amendment right’ to be protected from substantial risks of assault
  • holding that prisoner was “not required to begin the grievance process anew when the very risk to his safety that he identified during the [earlier] grievance process came to pass [at a later date]”
  • holding inmate, attacked by 2-11 Crew gang members, presented adequate evidence of prison officials' failure to protect him sufficient to survive summary judgment
  • holding plaintiff's earlier grievances regarding risks to his safety in one section of the prison were not sufficient to “put prison officials on notice” of intimidation that occurred in another part of the prison some months later
  • finding deliberate indifference where prison officials “were aware of the general threat of 2-11 [Crew] violence”
  • finding constitutional violation where there was evidence of a history of physical assaults in addition to defendants’ knowledge of reported risks to the plaintiff’s safety

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Lucero, Hartz

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.