United States Tenth Circuit

Allegations of prison overcrowding, failure to properly train and to supervise prison employees in safety measures, excessive turnover in employees and inadequate staffing are insufficient to state a claim under the "danger creation" theory for the death of prison guard from a prison escape.

Appellate Information

• Decided 09/18/2001
• Published 09/18/2001

Judges

• BROWN, Senior District Judge., Before SEYMOUR and BRORBY, Circuit Judges, and BROWN, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Terry W. Mackey,Hickey, Mackey, Evans & Walker, Cheyenne, WY, (Roger Fransen, Hickey, Mackey, Evans & Walker, Cheyenne, WY and Jason M. Tangeman, Anthony, Nichols & Sharpe, LLC, Laramie, WY, were with him on the briefs) for Plaintiffs-Appellants.


• For Appellees:
  
• Richard Rideout, Law Offices of Richard Rideout, PC, Cheyenne, WY, for Defendants-Appellees.