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· 7/17/1996

Todd E. Prater v. John Dahm Harold W. Clarke Aaron Hall Bobby C. Kilgore

Citations

  • 89 F.3d 538
  • 1996 U.S. App. LEXIS 17465
  • 1996 WL 396318

How courts have described this case

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

  • observing that “threats between inmates are common and do not, under all circumstances, serve to impute actual knowledge of a substantial risk of harm.”
  • observing that “threats between inmates are common and do not, under all circumstances, serve to impute actual knowledge of a substantial risk of harm.”
  • noting that “threats between inmates are common and do not, under all circumstances, serve to impute actual knowledge of a substantial risk of harm”
  • reviewing de novo, explaining that officials must “actually know of a substantial risk” to be liable, and observing that not all threats “impute actual knowledge”
  • stating the appellate court’s jurisdiction is limited and the court must “accept as true all facts pled by” the non-moving party at this stage of litigation
  • assuming without deciding that inmate who assaulted plaintiff posed a substantial risk when prison officials knew that plaintiff had a relationship with the inmate’s wife, and the inmate threatened plaintiff

Source: CourtListener parenthetical corpus (CC0).

Judges: Beam, Murphy, Nangle

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.