Judgment for prison employees affirmed

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The 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials from protecting him from an attack by another inmate.

In Curtis L. Dale v. Pamela Poston, et al., No. 06-2847, Curtis Dale appealed summary judgment in favor of the defendants, several prison employees in Terre Haute, arguing they didn't reasonably respond when he requested a transfer out of the Terre Haute maximum security prison to a medium security prison in Illinois.

Dale was in prison on drug convictions and as a part of his plea agreement, he was to provide testimony against people involved in the drug trade. Several inmates began to suspect he was testifying and was a "snitch" because he would leave the prison for periods of time. When he would return from testifying he would be held in a Special Housing Unit (SHU) until prison employees could determine if there were any potential dangers against him because of his testimony.

Dale requested a transfer to the Illinois prison, but was denied because he didn't provide detailed information about who was threatening him or how he was being threatened. When questioned, he was vague and illusive, and refused housing in the SHU, but believed just reporting the threat was enough to have him transferred. Dale was later attacked by a fellow inmate who accused him of being a snitch.

The 7th Circuit Court of Appeals had to use the facts from the government in this case instead of facts from Dale because the District Court found Dale's "statement of facts" violated the court's local rule. Dale's own attorney admitted that even if the District Court erred in disregarding Dale's statement of facts, any error was harmless, wrote Judge Terence Evans.

Dale's Eighth Amendment violation claims against the prison employees fail the deliberate indifference test. Even though Dale's claim passes the first prong - knowing there is a risk - it failed the second prong - actual knowledge of impending harm. The prison employees questioned Dale about his statements alluding to threats from other inmates, but he refused to offer details and refused to be housed in the SHU, wrote Judge Evans. In fact, the prison employees did almost the exact opposite of deliberate indifference and they couldn't have segregated Dale against his will.

"We will not create this sort of constitutional Catch 22 - where prison officials violate the Eighth Amendment if they don't segregate a prisoner but violate the Due Process Clause if they do," he wrote.


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  1. I commend Joe for standing up to this tyrant attorney! You ask why? Well I’m one of David Steele victims. I was in desperate need of legal help to protect my child, David saw an opportunity, and he demanded I pay him $3000. Cash. As I received motions and orders from court he did nothing! After weeks of emails asking him to address the legal issues, he responded by saying he was “on vacation “and I should be so lucky to have “my attorney” reply. Finally after lie on top of lie I asked for a full refund, which he refused. He then sent me “bills” for things he never did, such as, his appearance in the case and later claimed he withdrew. He never filed one document / motion for my case! When I finally demanded he refund my money he then turn to threats which scared my family for our lives. It seem unreal we couldn’t believe this guy. I am now over $100,000 in debt digging out of the legal mess he caused my family. Later I was finally able to hire another law office. I met Joe and we worked diligently on my case. I soon learn Joe had a passion for helping people. As anyone who has been through a legal battle it is exhausting. Joe was always more than happy to help or address an issue. Joe was knowledgeable about all my concerns at the same time he was able to reduce the stress and anxieties of my case. He would stay late and come in early, he always went the extra mile to help in any way he could. I can only imagine what Joe and his family has been through, my prayers go out to him and all the victims.

  2. Steele did more than what is listed too. He purposely sought out to ruin me, calling potential employers and then lied about me alleging all kinds of things including kidnapping. None of his allegations were true. If you are in need of an ethical and very knowledgeable family law paralegal, perhaps someone could post their contact information. Ethics cannot be purchased, either your paralegal has them or they do not.

  3. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  4. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  5. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise