United States Third Circuit

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Bistrian v. Levi, 10-3629

In an inmate's suit against multiple prison officials, claiming that defendants failed to protect him after other inmates discovered that the prison investigators used him to intercept notes being passed among the inmates, the district court's denial of defendants' motion to dismiss is: 1) affirmed as to plaintiff's claim that thirteen officials violated their constitutional duty to protect him from inmate violence by being deliberately indifferent to the risk posed by his placement in the recreation yard with the inmates who knew of his prior complicity with prison authorities; 2) reversed as to plaintiff's claim of the officials' alleged deliberate indifference to the risk posed by his placement in a locked recreation pen with an inmate; 3) affirmed in part as to the prison management defendants but reversed as to other officials on plaintiff's claim of punitive detention; and 5) affirmed as to plaintiff's claim that the continued placement in the special housing unit was retaliatory and in violation of his free speech rights.

Appellate Information

  • Decided 09/24/2012
  • Published 09/24/2012


  • Ambro


  • United States Third Circuit