Legal Opinion

Vallario v. Vandehey

Court of Appeals for the Tenth Circuit

Decided February 4, 2009No. 08-502PublishedCited by 102 opinions

1Opinion of the Court

BALDOCK, Circuit Judge.

The Eighth Amendment, as incorporated against the states through the Fourteenth Amendment, precludes state prison officials from “knowingly and unreasonably disregarding an objectively intolerable risk of harm” to inmate health or safety. See Farmer v. Brennan, 511 U.S. 825, 846, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Respondents, four prior inmates, contend they were exposed to, among other things, such an unconstitutional risk of harm at *1261the Garfield County Jail.1 Accordingly, Respondents brought an official capacity suit for equitable relief against Petitioners Lou…

2Cases cited38 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  5. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978

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3Cited by102 opinions

  1. DG Ex Rel. Stricklin v. DeVaughnCourt of Appeals for the Tenth Circuit · 2010
  2. Dukes v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2010
  3. CGC Holding Co. v. Broad & CasselCourt of Appeals for the Tenth Circuit · 2014
  4. Wallace B. Roderick Revocable Living Trust v. XTO Energy, Inc.Court of Appeals for the Tenth Circuit · 2013
  5. Prison Legal News v. Federal Bureau of PrisonsCourt of Appeals for the Tenth Circuit · 2019

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