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Prisons & Jails – Constitutional – Eighth Amendment – Jury Instructions – Intentional Actions
By: Teresa Bruno, Opinions Editor//December 15, 2017
Prisons & Jails – Constitutional – Eighth Amendment – Jury Instructions – Intentional Actions
By: Teresa Bruno, Opinions Editor//December 15, 2017
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.
Business Law
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Commentary
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- High court justices cross the line of propriety
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- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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