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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. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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