Tucker v. Evans

How courts have described this case

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

• holding that a correctional officer’s failure to perform his inspection duties at most constituted gross negligence and did not support a finding of deliberate indifference
• holding that a correctional officer’s failure to properly perform his inspection duties at most constituted gross negligence and did not support a finding of deliberate indifference
• holding that allegations that prison guard “failed to properly perform his inspection duties, misinterpreted an argument between cellmates, [and] failed to properly supervise the barracks” did not “rise to the level of a constitutional wrong”
• finding that because of the subjective component necessary to establish failure-to-protect liability, an officer cannot be deliberately indifferent when an inmate is a victim of a surprise attack
• explaining that “even gross negligence” is insufficient to establish a failure to protect claim
• holding prisoner failed to establish basis for supervisory liability where prisoner had not pleaded facts showing supervisors “had prior notice of a pervasive risk of harm created by under-staffing or of prior assaults in the barracks”

Source: CourtListener parenthetical corpus (CC0).