Legal Opinion

The Estate of Marquette F. Cummings Jr. v. Warden Carter Davenport

Court of Appeals for the Eleventh Circuit

Decided October 2, 2018No. 17-13999PublishedCited by 91 opinions

1Opinion of the Court

WILLIAM PRYOR, Circuit Judge:

*937 This interlocutory appeal of the partial denial of Carter Davenport's motion to dismiss the amended complaint by the estate of Marquette F. Cummings Jr. requires us to decide whether Davenport, a prison warden, satisfied his threshold burden of establishing entitlement to qualified immunity. Cummings, a prisoner, was stabbed by a fellow inmate, was transported to a hospital, and died the next day. His estate filed a civil-rights complaint, see 42 U.S.C. § 1983 , that Davenport violated the Eighth and Fourteenth Amendments to the Constitution by illegally…

2Cases cited20 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Mitchell v. ForsythSupreme Court of the United States · 1985

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3Cited by91 opinions

  1. Alliant Tax Credit 31, Inc. v. M. Vincent Murphy, IIICourt of Appeals for the Eleventh Circuit · 2019
  2. Sweetin v. City of Texas CityCourt of Appeals for the Fifth Circuit · 2022
  3. Beverly Spencer v. Sheriff Jonathan BenisonCourt of Appeals for the Eleventh Circuit · 2021
  4. Diaz v. CantuCourt of Appeals for the Fifth Circuit · 2024
  5. Barbara Donald v. Tyler NorrisCourt of Appeals for the Eleventh Circuit · 2025

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