Sheffield v. Turner

CROCKETT, Chief Justice:

Plaintiff, Paul Ray Sheffield, an inmate of the State Prison, sued the Warden, John Turner, certain John Does, and the State of Utah, for damages which resulted when plaintiff was stabbed by a fellow prisoner, causing him to lose the sight in one eye. The district court granted defendants’ motion to dismiss. On appeal, plaintiff does not contest the dismissal as to the State of Utah, but does as to the Warden.

In considering the propriety of the dismissal as to the Warden there are two significant facts to be borne in mind: First, the complaint is not based upon any…