John Everett Miller v. Herman Solem, Warden, South Dakota State Penitentiary, and Gay Krull
Court of Appeals for the Eighth Circuit
1Opinion of the Court
FLOYD R. GIBSON, Senior Circuit Judge.
John E. Miller, an inmate at the South Dakota State Penitentiary, appeals from the district court’s summary judgment dismissal of his pro se § 1983 suit against defendants Warden Herman Solem and prison staff member Gay Krull for damages sustained as a result of being stabbed by a fellow inmate. We affirm.
Viewing the undisputed material facts in a light most favorable to Miller, we conclude that defendants did not “recklessly disregard” Miller’s constitutional rights— specifically, his Eighth Amendment right to be free from cruel and unusual punishment.
I
Th…
2Cases cited17 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Butz v. EconomouSupreme Court of the United States · 1978
- Smith v. WadeSupreme Court of the United States · 1983
12 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Frank Howard v. George Adkison and Henry JacksonCourt of Appeals for the Eighth Circuit · 1989
- Christopher Lee Prosser v. Davis L. Ross, Co ICourt of Appeals for the Eighth Circuit · 1995
- Chem-Age Industries, Inc. v. GloverSouth Dakota Supreme Court · 2002
- Eclophia Smith, Jr. v. James Marcantonio, Bill Armontrout, Donald Cline, Orolee Brady, Dick Moore, Dr. Richard K. BowersCourt of Appeals for the Eighth Circuit · 1990
- William Thorpe v. Harold ClarkeCourt of Appeals for the Fourth Circuit · 2022
91 more not listed; retrieve them via the Exa API.