Tucker v. Evans.

• Position: FAILURE TO PROTECT - Case regarding prisoners abuse - Brief Article

U.S. Appeals Court

PRISONER ON PRISONER ASSAULT

Tucker v. Evans, 276 F.3d 999 (8th Cir. 2002). The estate of a prisoner who was killed in an attack by fellow inmates brought a [section] 1983 action against a prison employee and other, claiming they failed to protect him and that prison officials failed to properly train prison staff. The district court denied summary judgment to the defendants and they appealed. The appeals court reversed, finding that the prison officer did not show callous indifference to the prisoner and was therefore entitled to qualified immunity, and that the prison warden and supervisor did not violate the Eighth Amendment by filing to train the officer. The court noted that the officer had...