142383P.pdf   05/04/2015  Estate of Ronald E. Johnson  v.  Douglas Weber
   U.S. Court of Appeals Case No:  14-2383
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Bye, Author, with Beam and Benton, Circuit Judges] 
   Civil case - Civil rights. In action by the family of a prison guard slain 
   during an escape by two prisoners against the warden and other 
   defendants,the test the court applies to ascertain a valid substantive due 
   process violation is whether the behavior of the government officers is so 
   egregious and outrageous that it may fairly be said to shock the 
   contemporary conscience; here, the defendants' actions in assigning the 
   inmates to certain jobs which gave them a certain degree of freedom of 
   movement and freedom from supervision did not show deliberate indifference 
   to the guard's safety and did not shock the conscience; the Department of 
   Corrections' policies allowing the prison warden discretion concerning 
   housing and control of inmates did not shock the conscience.