United States Fifth Circuit

Conduct of corrections officers rose above negligence, in a prisoner's claim for constitutional deliberate indifference based on a fellow inmate's attack, thus judgment as a matter of law was correctly denied; qualified immunity is unavailable where conduct cannot be construed as reasonable behavior for a prison official. (Revised opinion)

Appellate Information

• Decided 06/11/2002
• Published 07/02/2002

Judges

• DeMOSS, Circuit Judge:, Before DUHÉ, DeMOSS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• George Franklin Cowden, III (argued), Kurth & Cowden, San Antonio, TX, for Plaintiff-Appellee., Robert B. Maddox, Asst. Atty. Gen. (argued), Matthew Tepper, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.