Ohio & Kentucky Railway Co. v. Whitt

How courts have described this case

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

• finding that, for a failure to protect claim to survive a motion for summary judgment, there must be a showing that “the officer had a realistic opportunity to intervene and prevent the harm . . . .”
• dismissing claims against prison officials where the plaintiff failed to allege that the defendants “had actual or constructive knowledge that [the plaintiff], in particular, faced harm in the prison yard”
• granting summary judgment to defendant officers where plaintiff failed to show that they had actual or constructive knowledge of a threat to plaintiff from other inmates or that they failed to discharge their responsibilities once they arrived to the scene of a fight
• “[I]n the context of an altercation, an inmate must show that . . . the officer had a realistic opportunity to intervene and prevent the harm.”
• “[The] right imperiled by [Defendants] . . . was well-ingrained at the time of disputed conduct. Retaliation claims have long been a fixture of First Amendment law.”

Source: CourtListener parenthetical corpus (CC0).