Nei v. Dooley.U.S. Appeals Court PRISONER ON PRISONER ASSAULT Nei v. Dooley, 372 F.3d 1003 (8th Cir. 2004). Inmates brought a civil rights action against a warden and other prison officials claiming that their Eighth Amendment rights were violated by exposure to an HIV-positive inmate who assaulted and threatened to infect them. The district court denied the defendants' motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers and the defendants appealed. The appeals court affirmed, finding that summary judgment was precluded by a fact issue as to whether prison officials knew that the inmate was infected with AIDS, that the inmate was threatening to infect other inmates and was engaging in assaultive as·saul·tive adj. Inclined to or suggestive of violent attack: "The reduction of cinema to assaultive images ... has produced a disincarnated, lightweight cinema that doesn't demand anyone's full attention" behavior towards the inmates, and that they failed to respond reasonably to that risk. The court also held that the inmates stated a claim that they were retaliated against for filing a civil rights lawsuit. (Mike Durfee State Prison The Mike Durfee State Prison is a South Dakota state prison for men on the campus of what was University of South Dakota at Springfield, United States. It is named for Mike Durfee who was a standout athlete and teacher at the school. , South Dakota South Dakota (dəkō`tə), state in the N central United States. It is bordered by North Dakota (N), Minnesota and Iowa (E), Nebraska (S), and Wyoming and Montana (W). ) |
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