Is a prison officer liable for failing to prevent an assault?
MultiRegion, United States of America
The following excerpt is from Anderson v. Kernan, Case No. 1:19-cv-0255-JLT (PC) (E.D. Cal. 2020):
officer is obligated to take steps to prevent such an assault," but it does require that the official "have more than a mere suspicion that the attack will occur." Berg v. Kincheloe, 794 F.2d 457, 459 (9th Cir. 1986) (citation omitted). Also, "prison officials who actually knew of a substantial risk to inmate health or safety may be found free from liability if they responded reasonably to the risk, even if the harm ultimately was not averted." Farmer, 511 U.S. at 844.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a prison officer to be found guilty of deliberate indifference by failing to prevent an assault? (MultiRegion, United States of America)
Is a police officer liable for failing to intervene to prevent another officer from using excessive force? (MultiRegion, United States of America)
What is the test for a prison officer to be liable for failing to prevent harm to an inmate? (MultiRegion, United States of America)
Can a prison official be liable under federal law for failing to intervene when a fellow officer is violating a prisoner's constitutional rights? (MultiRegion, United States of America)
In a civil action brought by appellant against two police officers for assault, what is the effect of the assault on the officers? (MultiRegion, United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
Can a police officer be held liable for failing to intervene to prevent a shooting? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
