Anderson v. Kingsley (Lawyers Weekly No. 001-221-17, 14 pp.) (Paul Niemeyer, J.) 16-6957; Dec. 14, 2017; USDC at Newport News, Va. (Douglas Miller, USMJ) 4th Cir.
Holding: In this case involving a prisoner who was attacked and injured by another inmate, the district court instructed the jury, “Deliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson would be injured . . . and if the defendants recklessly disregarded that risk by intentionally refusing or failing to take reasonable measures to deal with the risk.” “Intentionally” was properly used as a modifier for “refusing or failing”; deliberate indifference is the intentional taking of a risk that the defendant knows might cause harm while lacking any intent to cause such harm.
We affirm the judgment for defendants.