101473P.pdf   02/18/2011  Jack Reynolds  v.  Dave Dormire
   U.S. Court of Appeals Case No:  10-1473
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Gruender, Author, with Wollman and Colloton, Circuit Judges]
   Prisoner case - prisoner civil rights. Plaintiff failed to state a claim
   against two prison guards as he failed to allege they acted with deliberate
   indifference to his safety by restraining him during a day-long journey;
   with respect to Eighth Amendment claims arising from a fall at the prison
   sally port, plaintiff failed to state a claim with respect to three guards as
   he did no more than allege they were on duty in the vicinity; with respect
   to the other guards sued, plaintiff sufficiently alleged that the two guards
   were aware of the substantial risk to his safety posed by a pit in the sally
   port and that they reckless disregarded the risk by either parking the van
   too close to the pit or by failing to assist him as he descended from the
   van; as a result, the district court erred in dismissing his claim against
   these two defendants; the district court did not err in dismissing claims
   against the defendant warden in both his official and individual capacity.