United States Tenth Circuit

In a 42 U.S.C. section 1983 action against several state correctional department employees alleging deliberate indifference in violation of his Eighth Amendment rights, dismissal and summary judgment rulings against plaintiff are affirmed in part and reversed in part where: 1) a grievance officer's motion to dismiss was properly granted; but 2) plaintiff proffered adequate evidence to create a genuine issue of material fact regarding defendants-correctional officers' subjective knowledge of a significant risk of substantial harm; and 3) plaintiff exhausted his administrative remedies on some, but not all, of his claims.

Appellate Information

• Decided 07/23/2008
• Published 07/24/2008

Judges

• LUCERO, Circuit Judge., Before KELLY, LUCERO, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jo Frances Walsh, Boulder, Colorado, (Alfred T. McDonnell, Hutchinson Black and Cook, LLC, Boulder, Colorado with her on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• William V. Allen, Assistant Attorney General, Civil Litigation and Employment Law Section, Denver, Colorado (John W. Suthers, Attorney General, with him on the brief), for Defendants-Appellees., Anthony A. DeCesaro, Defendant-Appellee, pro se, Colorado Springs, Colorado.