United States Fifth Circuit

In a 42 U.S.C. section 1983 action brought by an inmate who was stabbed by fellow inmates for being a "snitch," denial of defendants-officers' motion for summary judgment based on qualified immunity is reversed in part where: 1) no evidence suggested officers conspired in planning the attack, they violated no "clearly established" law by failing to intervene with the attack while unarmed, and there was no evidence that they had any knowledge of a substantial threat to plaintiff's safety, and thus, as a matter of law they did not act with deliberate indifference and were entitled to qualified immunity; and 2) other officers did not act unreasonably in allegedly failing to protect him.

Appellate Information

• Decided 12/21/2006
• Published 12/22/2006

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Christopher J. Gale (argued), Gale, Wilson & Sanchez, San Antonio, TX, for Longoria.


• For Appellees:
  
• Shanna Elizabeth Molinare (argued), Matthew Tepper, Austin, TX, for Defendants-Appellants.