· 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 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.