· 8/3/2017
Shannon Andre Smith v. State
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to meet the subjective element of a deliberate indifference claim, a plaintiff must show defendant knew of an objectively serious medical risk and then consciously disregarded that risk
- holding that a deputy warden was not deliberately indifferent when “officials had not yet . . . completed the investigation of the first attack at the time [he] approved [the plaintiff’s] return to general population”
- explaining that “deliberate indifference requires a highly culpable state of mind approaching actual intent”
- “Blair’s theory of the existence of a hit being placed on him had no evidentiary support beyond his suspicions.”
- “an official’s failure to alleviate a significant risk that he should have perceived but did not, while no cause for commendation” does not establish deliberate indifference
- a prison official’s “failure to alleviate a significant risk that he should have 9 perceived but did not, while no cause for commendation, cannot under our cases be condemned as the infliction of punishment”
Source: CourtListener parenthetical corpus (CC0).
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.