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· 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 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.