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.
082776P.pdf 11/12/2010 Charles Schoelch v. Emmett Mitchell
U.S. Court of Appeals Case No: 08-2776
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Bye and Arnold, Circuit
Judges]
Prisoner case - prisoner civil rights. Assuming that defendant
Mitchell's action in opening plaintiff's cell door met the subjective prong
of a claim for deliberate indifference to plaintiff's safety, plaintiff still
failed to show that he suffered an objectively serious deprivation as he
presented no evidence that he suffered serious mental or physical injury
as a result of the action; as to the other incident alleged in the complaint,
plaintiff failed to show defendant Mitchell subjectively recognized a
substantial risk of serious injury before plaintiff was attacked by a fellow
inmate and that Mitchell was deliberately indifferent to the risk; the
district court did not err in granting the supervisory defendants' motion
for summary judgment as there was no evidence that they inadequately
trained or supervised Mitchell; in the absence of a submissible case that
any employee or official committed a constitutional violation, plaintiff's
municipal liability claims fail.