U.S. appeals court protection from harm prisoner on prisoner assault.

• Position: Failure to Protect - Brief Article

Curley v. Perry, 246 F.3d 1278 (l0th Cir. 2001). A state inmate brought a pro se civil rights action seeking to restrict inmate-to-inmate correspondence in the state's prison system. The district court dismissed the complaint and the inmate appealed. The appeals court affirmed, finding that the inmate failed to state an Eighth Amendment claim. The inmate had claimed that prison officials created unconstitutional conditions of confinement by failing to prevent or monitor inmate-to-inmate correspondence, which was allegedly used by inmates to plan violence against other inmates. The court noted...