DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163891P.pdf 09/05/2018 Patric Patterson v. Kennie Bolden
U.S. Court of Appeals Case No: 16-3891
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Gruender, Author, with Arnold and Grasz, Circuit Judges]
Prisoner case - Prisoner Civil Rights. In action alleging defendants
failed to protect plaintiff from an attack by a fellow inmate, the
district court did not abuse its discretion by denying plaintiff's motion
for appointment of counsel; insofar as plaintiff alleges that defendants
failed to protect him from a specific threat posed by the inmate who
attacked him, plaintiff's own inability to anticipate the surprise attack
and his own decision not to report an altercation with that inmate on the
previous day defeat liability; with respect to plaintiff's claim that
defendants failed to protect him from a general risk of harm, the record
fails to show that any of the defendants were subjectively aware of, or
deliberately indifferent to, a substantial risk of harm to inmate safety;
as a result the district court did not err in granting defendants summary
judgment as plaintiff failed to raise a genuine issue of material fact as
to whether the defendants were deliberately indifferent to a general risk
of harm to inmates in the barracks in question. Judge Grasz, concurring in
part and dissenting in part.