King v. Leahy

Summary

The document contains Findings and Recommendations recommending that Defendant J. Leahy’s motion for summary judgment be granted in a 42 U.S.C. § 1983 action alleging that he failed to protect Plaintiff Paul King from an inmate assault in violation of the Eighth Amendment. The court concluded that King did not present evidence showing that Leahy knew of and deliberately disregarded a substantial risk of serious harm. The recommendation was issued to the assigned district judge, with objections permitted within fourteen days.

Holdings

1. Plaintiff failed to produce evidence demonstrating that Defendant Leahy acted with deliberate indifference to his safety. Plaintiff's generalized safety concerns, without identifying specific threats, specific inmates, or an imminent threat of harm, were insufficient to establish that Defendant knew of and disregarded an excessive risk of serious harm.
2. Violation of prison rules and/or policies does not give rise to a cause of action under § 1983; § 1983 provides a cause of action only for deprivation of federally protected rights.

Questions Presented

1. Whether Defendant Leahy was deliberately indifferent to Plaintiff's safety in violation of the Eighth Amendment by failing to protect him from an attack by another inmate, warranting summary judgment in Defendant's favor

Disposition

other