U.S. 5th Circuit holds no deliberate indifference alleged requiring jailers to protect inmate from attack by another inmate
Torres v. Livingston, 19-40470, 2020 WL 4933063 (5th Cir. Aug. 24, 2020).
This is an appeal from a dismissal of an inmate’s § 1983 claims which the U.S. 5th Circuit affirmed.
Christopher Torres worked as an inmate janitor in an administrative segregation unit. While working, another innate requested an officer to pick up photos that were on the floor just outside his cell. The officer, as a matter of routine in fulfilling inmate requests, directed Torres to go ahead and pick up the photos. While bending over to pick up the photos, the inmate stabbed Torres in his neck. Torres sued a correctional officer and several staff members and administrators per 42 U.S.C. § 1983 for allegedly failing to protect him from an inmate attack.
To hold an officer liable under the Eighth Amendment it mush be shown that the officer acted with deliberate indifference to the inmate’s health or safety. The U.S. Fifth Circuit found that Torres did not offer any facts suggesting the jailor knew of and disregarded a substantial risk to his health and safety. As a result, Torres failed to state § 1983 claim. Additionally, Torres’s failure to allege facts amounting to a constitutional violation for a failure to train or supervise.
If you would like to read this opinion click here. The panel consists of Justices Smith, Willett and Duncan. Opinion by Justice Smith.
