877 F.3d 539
4th Cir.2017Background
- Anderson, a Gloucester County Jail inmate, told deputies that fellow inmate Richard Rilee had threatened him and requested separation; he was moved but deputies did not place Rilee on an "enemies list."
- Two days later, Rilee assaulted Anderson in a hallway, causing serious injury.
- Anderson sued two sheriff's deputies under 42 U.S.C. § 1983, alleging Eighth Amendment deliberate indifference for failing to protect him, seeking $3 million.
- At trial the district court instructed the jury that deliberate indifference requires actual knowledge of a substantial risk and that defendants "recklessly disregarded that risk by intentionally refusing or failing to take reasonable measures"; Anderson objected to the word "intentionally."
- The jury returned a verdict for the defendants; Anderson appealed solely challenging the deliberate indifference jury instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury instruction misstated the Eighth Amendment deliberate indifference standard by including the word "intentionally" | Inclusion of "intentionally" raised the mens rea to require intent that Anderson be harmed, a higher standard than criminal recklessness required by Farmer | The instruction accurately required awareness of a substantial risk and an intentional refusal or failure to take reasonable measures (i.e., conscious disregard), consistent with Farmer | The instruction fairly and accurately stated controlling law; "intentionally" modified refusal/failure to act and did not require intent to cause harm; judgment affirmed |
Key Cases Cited
- Robinson v. California, 370 U.S. 660 (1962) (Eighth Amendment applicable to states via Fourteenth Amendment)
- Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference to serious medical needs violates Eighth Amendment)
- Wilson v. Seiter, 501 U.S. 294 (1991) (Eighth Amendment requires more than inadvertence; obduracy and wantonness characterize violations)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference requires subjective knowledge and conscious disregard—criminal-law recklessness standard)
- Parrish ex rel. Lee v. Cleveland, 372 F.3d 294 (4th Cir. 2004) (deliberate indifference requires subjective recognition of risk and that conduct was inappropriate in light of that risk)
- Cox v. Quinn, 828 F.3d 227 (4th Cir. 2016) (reaffirming subjective recklessness requirement for Eighth Amendment claims)