· 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 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.