United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging that defendant prison officials failed to protect plaintiff from an assault, district court's denial of qualified immunity to defendants is reversed where: 1) defendants did not have reason to know of plaintiff's attacker's dangerousness; and 2) defendants' conduct did not rise to the level of deliberate indifference.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• HANSEN, Circuit Judge., Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William George Peterson, AAG, argued, Bismarck, ND, for appellant.


• For Appellees:
  
• Paul Reginald Sanderson, argued, Bismarck, ND, for appellee.