Pagels v. Morrison.

• Position: FAILURE TO PROTECT - Violation of United States Constitution. 8th Amendment - Brief Article

U.S. Appeals Court

PRISONER ON PRISONER ASSAULT

Pagels v. Morrison, 335 F.3d 736 (8th Cir. 2003). An inmate brought a [section] 1983 action claiming that a correctional center unit manager violated his Eighth Amendment rights by failing to protect him from an assault by other inmates. The district court denied the manager's motion for summary judgment and the manager appealed. The appeals court reversed. The court held that evidence was insufficient to establish that the manager knew of a risk to the inmate's safety, and the manager was entitled...