Reginald Gibbs v. West Virginia AFL-CIO and James C. Justice, Governor

How courts have described this case

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

• discussing the “similarity” requirement to hold that physical assault with a mop or broom was distinguishable from physical assault with a sling blade for purposes of the deliberate indifference analysis
• noting “Connick require[s] that only very similar violations could jointly form a pattern”
• describing the myriad “creative” implements prisoners have concocted to injure others, including “shanks, toothbrush shivs, ruler shivs, ladle shivs, tightly-rolled- newspaper spears (successfully used to kill a guard in 1985), [and] broken black binder clips” (cleaned up)
• “[The plaintiff] sustained a serious head wound[ ], so his injury meets the first requirement of the Farmer standard.”
• “[T]hree yard fights with brooms and one with a mop just aren’t enough to constitute a pattern.”
• “[O]nly very similar violations could jointly form a pattern.” (citing Connick, 563 U.S. at 62); Ololade v. City of Houston, No. 4:20-cv-04040, 2022 WL 980275, at (S.D. Tex. Mar. 31, 2022

Source: CourtListener parenthetical corpus (CC0).