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· 7/26/2006

Serna v. Colorado Department of Corrections

Citations

  • 455 F.3d 1146
  • 2006 U.S. App. LEXIS 18687
  • 2006 WL 2065056

How courts have described this case

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

  • explaining that the plaintiff \must point to evidence that would establish [the defendant] knew he was creating a situation that created a substantial risk of constitutional harm\ to establish the defendant acted with deliberate indifference
  • explaining that the plaintiff “must point to evidence that would establish [the defendant] knew he was creating a situation that created a substantial risk of constitutional harm” to establish the defendant acted with deliberate indifference
  • holding supervisory liability must be based upon active unconstitutional behavior and more than a mere right to control employees
  • noting that the court “can infer malicious, sadistic intent from . . . conduct itself where ‘there can be no legitimate purpose’ for the officers’ conduct”
  • noting that the court “can infer malicious, sadistic intent from . . . conduct itself where there can be no legitimate purpose for the officers’ conduct”
  • “explaining that the plaintiff ‘must point to evidence that would establish [the defendant] knew he was creating a situation that created a substantial risk of constitutional harm’' to establish the defendant acted with deliberate indifference”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hartz, Brorby, Tymkovich

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.