· 10/9/1997
Josef Fischl v. David Armitage, Corrections Sergeant, and S.A. Marshall, Corrections Officer, in Their Individual Capacities
Citations
- 128 F.3d 50
- 48 Fed. R. Serv. 211
- 1997 U.S. App. LEXIS 27854
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that assessments of credibility, choosing between “conflicting versions of the events,” and “the weighing of evidence are matters for the jury, not for the court”
- noting that prison officials have a duty, under the Eighth Amendment, \'to protect inmates from violence at the hands of other inmates'\ (quoting Farmer, 511 U.S. at 833)
- noting that prison officials have a duty, under the Eighth Amendment, “‘to protect inmates from violence at the hands of other inmates’” (quoting Farmer, 511 U.S. at 833)
- applying Rule 801(d)(2)(E) to admit a coconspirator’s statement against correctional officers at the summary judgment stage of a Section 1983 conspiracy case
- finding a genuine issue of material fact existed where plaintiff alleged corrections officers had intentionally left an inmate’s cell door unlocked
- finding evidence that defendant was in the' vicinity of the attack on plaintiff and did nothing to stop it sufficient to show defendant’s personal involvement
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearsej, Newman, Kearse, Calabresi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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