Anderson v. Kingsley

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After Anderson complained that a fellow inmate, Rilee, had threatened him, Anderson was moved to another cell block in Virginia’s Gloucester County Jail. Jail personnel did not put Rilee on the jail’s “enemies” list. Two days later, Rilee attacked Anderson in the hall, causing him serious injury. Anderson filed suit under 42 U.S.C. 1983 against two deputies, alleging that they acted with deliberate indifference to his health and safety, in violation of the Eighth Amendment’s prohibition against “cruel and unusual punishments.” The district court instructed the jury that “[d]eliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson would be injured . . . and if the defendants recklessly disregarded that risk by intentionally refusing or failing to take reasonable measures to deal with the risk.” Anderson objected to the inclusion of the word “intentionally.” The Fourth Circuit affirmed a verdict for the defendants, holding that the district court’s instruction adequately and fairly stated the controlling law. Deliberate indifference is the intentional taking of a risk that the defendant knows might cause harm while lacking any intent to cause such harm. View "Anderson v. Kingsley" on Justia Law