· 2/21/1974
Soulantzos v. Shell Oil Co.
Citations
- 76 Misc. 2d 1095
- 353 N.Y.S.2d 297
- 1974 N.Y. Misc. LEXIS 1072
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff must allege that defendant officer did not take reasonable available measures even though “reasonable officer in the circumstances would have appreciated the high degree of risk”
- holding that a “defendant officer must act intentionally in a manner that puts the plaintiff at substantial risk of harm, without taking reasonable steps to abate that risk, and by failing to do so actually cause the plaintiff’s injuries.”
- finding an intentional decision where the officer was advised that there were concerns about the plaintiff’s safety and those concerns were not later refuted
- “[B]eing identified as a ‘snitch’ in prison puts an inmate at substantial risk of assault.”
- providing deliberate indifference to an inmate’s health or safety violates the Eighth Amendment while deliberate indifference to a pretrial detainee’s health or safety violates the Fourteenth Amendment
- implementing the Castro test and holding the defendant “must act intentionally in a manner that puts the plaintiff at substantial risk of harm, without taking reasonable steps to abate that risk, and by failing to do so actually cause the plaintiff’s injuries”
Source: CourtListener parenthetical corpus (CC0).
Judges: Naeo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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