Summary
The Fifth Circuit affirmed the dismissal with prejudice of Marcus Hodge’s 42 U.S.C. § 1983 failure-to-protect claim against Officer Williams. The court held that Hodge’s allegations did not establish deliberate indifference and did not support an award of punitive damages.
Holdings
- Hodge failed to allege facts sufficient to support a finding that Officer Williams was deliberately indifferent to the risk posed by Ware; Williams's ineffectual handling of the situation did not amount to deliberate indifference.
- Hodge failed to allege facts sufficient to support recovery of punitive damages against Williams.
Questions Presented
- Whether Hodge alleged facts sufficient to show that Officer Williams was deliberately indifferent to a substantial risk of harm from another prisoner.
- Whether Hodge alleged facts sufficient to support an award of punitive damages against Officer Williams.
Disposition
affirmed
Cases Cited (2)
- Davidson v. Cannon, 474 U.S. 344, 106 S. Ct. 668, 88 L. Ed. 2d 677 (1986)(followed)
- Smith v. Wade, 461 U.S. 30, 103 S. Ct. 1625, 75 L. Ed. 2d 632 (1983)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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