Can a prison official be held liable for an assault committed by an inmate at the hands of another inmate?

MultiRegion, United States of America

The following excerpt is from Calihan v. Cate, No. 2:12-cv-2937 MCE EFB P (E.D. Cal. 2013):

prisoner at the hands of another . . . translates into constitutional liability for prison officials responsible for the victim's safety." Id. at 834. A prison official may be held liable for an assault suffered by one inmate at the hands of another only where the assaulted inmate can show that the injury is sufficiently serious, id. at 834 (citing Wilson v. Seiter, 501 U.S. 294, 298 (1991)), and that the prison official was deliberately indifferent to the risk of harm, id. at 837. That is, the defendant must have known that the inmate faced a substantial risk of serious harm, and must have also disregarded that risk by failing to take reasonable measures to abate it. Farmer, 511 U.S. at 847.

Should plaintiff choose to file an amended complaint, the amended complaint shall clearly set forth the claims and allegations against each defendant. It must also allege a cognizable legal theory against a proper defendant and sufficient facts in support of that cognizable legal theory. Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (district courts must afford pro se litigants an opportunity to amend to correct any deficiency in their complaints).

Other Questions


Can a prison official be held liable for assault suffered by an inmate at the hands of another inmate? (MultiRegion, United States of America)
Can a prison official be held liable for an assault suffered by an inmate at the hands of another inmate? (MultiRegion, United States of America)
Under what circumstances can a prison official be held liable for injuries sustained by an inmate at the hands of another inmate? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
What is the test for a prison official to be found guilty of failing to protect an inmate from violence at the hands of other inmates? (MultiRegion, United States of America)
Can a prison official be held liable for failing to protect inmates from attacks by other inmates? (MultiRegion, United States of America)
Does a transfer of an inmate from a federal prison to another federal prison violate the inmate's right to a new facility? (MultiRegion, United States of America)
Can prison officials be held liable for failing to protect inmates from violence by other inmates? (MultiRegion, United States of America)
Is a prison official liable for failing to act with deliberate indifference in the case of an inmate who was injured in a fall from a balcony of a high-security prison? (MultiRegion, United States of America)
What is the test for finding a prison official liable for failing to protect an inmate from physical abuse? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.