Inmate Failure to Protect Claims and the Eighth Amendment

Journal of the American Academy of Psychiatry and the Law

article

Kathleen L. Kruse¹  Stephen G. Noffsinger¹ 

[1] University Hospitals Cleveland Medical Center Case Western Reserve University School of Medicine Cleveland

关键词: Eighth Amendment;    inmate;    prison official;    protective custody;   

DOI  :  10.29158/JAAPL.210127-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

Eighth Amendmentinmateprison officialprotective custodyInmate's Eighth Amendment Right to Protection Was Not Violated When Prison Official Reasonably Responded to ThreatIn Mosley v. Zachery, 966 F.3d 1265 (11th Cir. 2020), the Eleventh Circuit Court of Appeals considered whether a prison official's decision to not immediately place an inmate in protective custody, after being informed that another prisoner had threatened violence, violated the inmate's Eighth Amendment rights. The district court granted summary judgment for the prison official, finding that, although the official had subjective knowledge of the risk of harm to the inmate, the prison official reasonably responded to the risk. The Eleventh Circuit affirmed summary judgment, ruling that the prison officials' response to the threat was reasonable, even if the harm was not ultimately averted.

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