LaBrec v. Walker

Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that defendants violated plaintiff's 8th Amendment rights by failing to protect him from attack from his cellmate under circumstances where defendants had been aware that cellmate posed danger to plaintiff. Plaintiff established triable issue regarding defendants’ knowledge of risk to plaintiff and their failure to prevent said risk by presenting evidence that said defendants had been aware that: (1) plaintiff, who sought transfer on three occasions, told said defendants that cellmate was acting crazy, and that he did not feel safe with cellmate; (2) plaintiff was designated “pair-with-care,” which required that defendants consult with others prior to placing plaintiff with cellmate; (3) plaintiff sought help from prison’s psychological services by seeking transfer; and (4) cellmate had been transferred to current cell with plaintiff following assault involving prior cellmate. However, Dist. Ct. did not err in granting two defendants’ motion for summary judgment, where plaintiff failed to present evidence that said defendants were aware of cellmate’s prior history of violence or that cellmate otherwise presented plausible threat of violence to plaintiff.