ALBERT ANDERSON v. DEPUTY M. KINGSLEY, Deputy Sheriff of Gloucester County
US Court of Appeals for the Fourth Circuit, Niemeyer, Dec. 14, 2017,
Deliberate Indifference – Jury instruction that deliberate indifference required “intentionally refusing or failing to take reasonable measures to deal with the risk” properly emphasized mens rea requirement involved.
Some of the language in this opinion is pretty loose. For example: deliberate indifference requires the absence of intent to cause harm? I see what they’re saying, but an excess of mens rea is not generally a defense…
Facts (according to the lawsuit):
In 2012, Anderson alleged that another inmate had threatened him and requested that he be moved to a different cell block. Anderson was moved, but the other inmate was not placed on Anderson’s “enemies list.”
Two days later, Anderson and the other inmate were being escorted when the other inmate grabbed Anderson and slammed his head onto the floor.
Anderson sued, arguing that prison officials violated the 8th Amendment and breached their duty to protect him.
At trial, the judge instructed the jury that: Deliberate indifference is established only if the prison officials had actual knowledge of a substantial risk that Anderson would be injured by the other inmate and if the prison officials recklessly disregarded that risk by intentionally refusing or failing to take reasonable measures to deal with the risk. Mere negligence or inadvertence does not constitute deliberate indifference.
Anderson objected, arguing that deliberate indifference didn’t need to be intentional.
The jury returned a verdict in favor of the prison officials.
Anderson appealed, arguing that the jury instruction was mistaken.
Held:
The 4th Circuit disagreed. Deliberate indifference requires an intentional disregard for a substantial risk; it cannot be accidental.
Duty to Protect Inmates – The 8th Amendment prohibits “cruel and unusual punishments.” This includes conditions of confinement.
8th Amendment – Conduct by prison officials must be either intentional or involve an intentional disregard of a substantial risk in order to violate the 8th Amendment
Deliberate Indifference – Deliberate indifference involves actual knowledge that a risk exists and an intentional decision not to do anything about it