132491P.pdf   03/10/2015  James Smith  v.  Sammy  Johnson
   U.S. Court of Appeals Case No:  13-2491
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges] 
   Prisoner case - Prisoner civil rights.In action alleging two prison 
   officers were deliberately indifferent to plaintiff' safety by placing 
   where another inmate could attack him and then intentionally disciplining 
   him for the incident, the district court erred in finding that the suit 
   was barred by either the doctrine of claim preclusion or issue preclusion 
   in light of a prior decision by he Arkansas State Claims Commission on a 
   claim by plaintiff; with respect to claim preclusion, that doctrine does 
   not apply because the Commission was the only forum in which he could 
   bring his claim against the State, but the Commission did not have 
   jurisdiction to address a constitutional claim against Officer Johnson 
   individually; with respect to issue preclusion, the Commission did not 
   decide the issue plaintiff Smith seeks to litigate in the current issue - 
   whether Johnson individually was deliberately indifferent to his safety 
   and intentionally cruelly and unususally punished him for the altercation 
   in violation of the Eighth Amendment - because the Commission's 
   determination dealt with whether Johnson acted negligently; reversed and 
   remanded for further proceedings.