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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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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