· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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