Legal Opinion

Wilson v. Falk

Court of Appeals for the Tenth Circuit

Decided December 19, 2017No. 16-1310PublishedCited by 45 opinions

1Opinion of the Court

McHUGH, Circuit Judge.

Colorado state prisoner Terrance D. Wilson was stabbed eleven times by a fellow inmate while incarcerated at the Li-món Correctional Facility in Limón, Colorado. Having survived the attack, Mr. Wilson brought this action under 42 U.S.C. § 1983 alleging that Frances Falk, James Fox, Steven Frank, and Sherwyn Phillip—each an employee of the Colorado Department of Corrections (“CDOC”)—vi-olated his Eighth Amendment rights by failing to protect him from the assault. The district court granted summary judgment in favor of the defendants. Exercising jurisdiction under 28…

2Cases cited8 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Lawmaster v. WardCourt of Appeals for the Tenth Circuit · 1997
  4. Howard v. WaideCourt of Appeals for the Tenth Circuit · 2008
  5. Perry v. WoodwardCourt of Appeals for the Tenth Circuit · 1999

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3Cited by45 opinions

  1. Aicher v. New Mexico Department of CorrectionsDistrict Court, D. New Mexico · 2020
  2. Alize Valdez, as Personal Representative for the Estate of Anthony J. Valdez, deceased v. Jared Knighton; Brian Redd; and John Does 1-8District Court, D. Utah · 2026
  3. Armenta v. OrtegaDistrict Court, D. New Mexico · 2020
  4. Banks v. OpatCourt of Appeals for the Tenth Circuit · 2020
  5. Bellamy (ID 53454) v. ClineDistrict Court, D. Kansas · 2022

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