Chariell Glaze v. Gary Andrews
721 F.3d 528
8th Cir.2013Background
- Glaze, a pre-trial detainee at Faulkner County Detention Center, was attacked by three inmates after being returned to his cell from administrative segregation.
- Glaze sued correctional officer Childs and lieutenant Andrews for failing to protect him; district court denied qualified immunity to Childs but not to Andrews.
- Cellmate Boyce testified that he warned Childs of a danger to Glaze and that Childs said he would talk to the lieutenant.
- Boyce testified that Childs later claimed he spoke to Lieutenant Andrews and that Andrews said nothing could be done; the district court treated this as potentially admissible evidence.
- Jail officials took no action after the warning; Glaze was assaulted around 10:50 p.m. and required hospital treatment.
- The court addressed whether deliberate indifference to a substantial risk of harm violated due process and whether the risk was clearly established law at the time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Childs knowingly ignore a substantial risk to Glaze? | Glaze argues Childs knew of the risk and failed to inform Andrews. | Childs contends no evidence shows knowledge of danger. | Yes, reasonable jurors could find deliberate indifference by Childs. |
| Did Andrews have actual knowledge of the threat? | Glaze argues Boyce’s warning or other facts show knowledge. | Andrews argues no admissible evidence shows knowledge. | Andrews entitled to qualified immunity; no admissible evidence of knowledge. |
| Are Boyce’s second-conversation statements admissible to prove knowledge? | The statements show communication to Andrews. | The statements are hearsay or hearsay within hearsay. | Both statements inadmissible; they cannot establish knowledge. |
| Does the evidence support imputation of risk to Childs; was the risk clearly established? | A jury could infer risk from warning and actions. | No clear evidence of knowledge to support liability. | Record supports denial of immunity for Childs on this record; reversed as to Andrews. |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard for pretrial detainees)
- Kahle v. Leonard, 477 F.3d 544 (8th Cir. 2007) (substantial risk and duty to protect inmates)
- Jackson v. Everett, 140 F.3d 1149 (8th Cir. 1998) (threats between inmates do not always show actual knowledge)
- Behrens v. Pelletier, 516 U.S. 299 (1996) (interlocutory review and evidentiary issues for qualified immunity)
- Ortiz v. Jordan, 131 S. Ct. 884 (2011) (jurisdiction over purely legal issues in appellate review)
- Brunsting v. Lutsen Mountains Corp., 601 F.3d 813 (8th Cir. 2010) (hearsay requirements for admissibility on summary judgment)
- Pearson v. Callahan, 555 U.S. 223 (2009) (two-step inquiry for qualified immunity)