DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071591P.pdf 03/07/2008 William Irving v. Warren Cressey
U.S. Court of Appeals Case No: 07-1591
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Wollman, Author, with Benton, Circuit Judge, and
Doty, District Judge]
Prisoner case - prisoner civil rights. Prison officials were not entitled to
qualified immunity on plaintiff's allegations that they purposefully
opened his cell door to permit another inmate to beat him, as plaintiff's
claims established he suffered more than de minimis injuries and the
officials' actions portrayed unjustifiable, actionable inmate-endangering
conduct; defendant Briggance was not entitled to qualified immunity on
claims he threatened to kill plaintiff in retaliation for his litigation;
defendants Neff and Cressy were entitled to qualified immunity on claims
they allegedly made death threats as those threats, while reprehensible
and unjustified, were not objectively credible; defendant Briggance was
not entitled to qualified immunity on plaintiff's claim that he falsely
labeled him a snitch in hopes other prisoners would harm or kill him, as a
reasonable prison guard would have know that to label plaintiff a snitch
would violate his constitutional right to protection from harm from other
prisoner.