213891P.pdf   03/03/2023  David Hodges  v.  Minnesota Dept. Corrections
   U.S. Court of Appeals Case No:  21-3891
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Colloton, Author, with Kelly and Kobes, Circuit Judges] 
   Prisoner case - Prisoner civil rights. In action alleging the defendants 
   violated plaintiff's Eighth Amendment rights by failing to protect him 
   from a fellow inmate, the district court granted defendants summary 
   judgment on the ground plaintiff had presented insufficient evidence to 
   show that any prison official was deliberately indifferent to a 
   substantial risk of serious harm to plaintiff. The district court did not 
   err in finding that the evidence was insufficient to show that any of the 
   defendant officials on the prison's incompatibility committee subjectively 
   concluded that plaintiff faced a substantial risk of serious harm and then 
   failed to respond reasonably to it; given the absence of a showing that 
   the defendant members of the prison's incompatibility committee were 
   deliberately indifferent, plaintiff did not make a sufficient showing that 
   either the warden or the assistant commissioner of the Department of 
   Corrections was deliberately indifferent by deferring to the established 
   process and policy. Judge Kelly, concurring.