United States Eighth Circuit

In a prisoner's action alleging defendants-prison officials violated the Eighth Amendment's prohibition against cruel and unusual punishment by failing to protect him from an assault by his roommate, partial denial of defendants' motion for summary judgment is affirmed where defendants were not entitled to qualified immunity as: 1) evidence supported findings that there was a substantial risk of serious harm to plaintiff from his roommate, that defendants were aware of the risk, and that they did not respond reasonably to the risk; and 2) plaintiff's right to protection were clearly established, which should have been known by defendants.

Appellate Information

• Decided 11/28/2007
• Published 11/28/2007

Judges

• ARNOLD, Circuit Judge., Before COLLOTON, ARNOLD, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Erik M. Johnson, AAG, argued, Richard L. Varco, Jr., AAG, on the brief, St. Paul, MN, for appellant.


• For Appellees:
  
• Gregory Scott Bachmeier, argued, Minneapolis, MN, for appellee.