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.

191230P.pdf   07/31/2020  James Vandevender  v.  Captain Walter Sass
   U.S. Court of Appeals Case No:  19-1230
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Loken, Author, with Benton and Kelly, Circuit Judges] 
   Civil case - Civil rights. The district court did not err in dismissing 
   this prisoner civil rights action for failure to state a claim for an 
   Eighth Amendment violation; plaintiff's failure-to-protect claim failed to 
   allege any prior threats by the inmate who assaulted him, that the inmate 
   was known to be violent, that the men had ever argued, fought or been 
   cellmates or that either men had been in any kind of restrictive custody 
   or status before the attack; viewed from this perspective, plaintiff was 
   the unfortunate victim of a surprise attack and failed to state a claim 
   for an Eighth Amendment failure-to-protect violation. Judge Kelly, 
   concurring.