Shields v. Dart

Dist. Ct. did not err in granting defendants-prison officials’ motion for summary judgment in section 1983 action by defendant-prisoner alleging that defendants were deliberately indifferent in failing to protect plaintiff-prisoner from attack by other prisoners. While plaintiff argued that there was issue as to whether defendants were aware of excessive risk to his safety where defendants placed him in area of prison that had history of prisoners possessing shanks, and where defendants knew that officer had linked plaintiff to gang that placed plaintiff at risk from attack by rival gang members in prison, plaintiff conceded that he had not reported any problems with fellow prisoners prior to instant attack, and defendants’ knowledge of general risk of violence in instant prison unit did not establish knowledge of substantial risk of harm to plaintiff. Fact the one officer who witnessed attack did not personally intervene on behalf of plaintiff out of concern for her own safety did not require different result.