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.
213093P.pdf 08/23/2023 Teri Dean v. Anne Precythe
U.S. Court of Appeals Case No: 21-3093
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Kobes, Circuit
Judge]
Prisoner case - Prisoner civil rights. The Director of the Department of
Corrections was entitled to qualified immunity on plaintiff's claim that
the Director had been deliberately indifferent to her safety after inmates
in this suit alleged claims of sexual assault by a prison guard; even if
the court assumes the Director should have done more than delegate
investigation of the assault allegations to her subordinates, there is
neither controlling authority nor a robust consensus of cases or
persuasive authority that she was required to do more; as such, the
Director would not have known for certain that leaving the investigation
to staff violated plaintiff's constitutional rights, and she was entitled
to qualified immunity on the claim.