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· 9/2/2008

Klebanowski v. Sheahan

Citations

  • 540 F.3d 633
  • 2008 U.S. App. LEXIS 18760
  • 2008 WL 4051038

How courts have described this case

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

  • holding that statements by an inmate that he was in fear for his safety “are insufficient to alert officers to a specific threat”
  • concluding that subjective awareness of a risk cannot be inferred if “[jail] officers knew only that [plaintiff] had been involved in an altercation with three other inmates, and that he wanted a transfer because he feared for his life”
  • explaining that an official capacity claim must establish the alleged constitutional violation was a result of custom or policy
  • indicating that a failure to protect claim requires more than “general allegations of fear or the need to be removed”
  • deciding officers who knew only that the prisoner was “afraid for his life” and had been beaten could not be aware of substantial risk
  • noting that prisoner must communicate to prison officials a specific, future threat of substantial harm to his health or safety in order to state a claim for failure to protect

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Manion, Kanne

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.