054363P.pdf   01/23/2007  Lee Ambrose  v.  Major Darin Young
   U.S. Court of Appeals Case No:  05-4363
   U.S. District Court for the District of South Dakota   
   [PUBLISHED][ Riley, Author, with Lay and Riley, Circuit Judges]
   Civil case - civil rights. In action by an deceased inmates' family
   following his death by accidental electrocution while on a prison work
   detail, deliberate indifference standard was the appropriate liability
   standard as the prison official in charge of the work detail had time to
   deliberate and assess the situation before he gave the work orders which
   placed the inmate in danger; ordering an inmate to work near a downed
   power line poses a substantial risk of serious harm; defendant Young's
   directions to inmates to stomp out a fire near the dangling power line
   constituted deliberate indifference to a known and substantial risk, and a
   reasonable officer would have known that his conduct violated the
   inmate's Eighth Amendment rights; as a result, the district court did not
   err in denying defendant Young's motion for summary judgment based on
   qualified immunity; defendant Tisdale was entitled to qualified immunity
   as there was no evidence he committed any act or omission with the
   requisite culpability to give rise to an Eighth Amendment violation;
   district court erred in concluding Warden's failure to train Young and
   Tisdale gave rise to an Eighth Amendment violation as nothing in this
   record suggest a training inadequacy so obvious it would put the Warden
   on notice a constitutional violation was likely to result, and there was no
   evidence or reasonable inference from the evidence which supported
   plaintiff's claim that a deficiency in training caused the inmate's death.