Opinion

Payne v. Jackson

  • 56 F.3d 61
  • 1995 U.S. App. LEXIS 19109
Court
Court of Appeals for the Fourth Circuit
Filed
Apr 20, 1995
Status
Published
Cited by
0 cases
Authority
More cited than 21.2%

The opinion

56 F.3d 61

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Harold PAYNE, Plaintiff--Appellant,

v.

Rick JACKSON, Superintendent of Brown Creek Correctional

Center; Franklin Freeman, Secretary of

Corrections; James B. Hunt, Jr.,

Governor, Defendants--Appellees.

No. 95-6298.

United States Court of Appeals, Fourth Circuit.

Submitted: April 20, 1995

Harold Payne, Appellant Pro Se. Sylvia Hargett Thibaut, Assistant Attorney General, Raleigh, NC, for Appellees.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:

1

Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint alleging that he was assaulted by a fellow inmate. We have reviewed the record and the district court's opinion, and find no reversible error. Because Appellant has not established that Appellees knew the assaulting inmate presented a specific, known risk of harm to Appellant, the Appellees are not liable under Sec. 1983. Moore v. Winebrenner, 927 F.2d 1312 (4th Cir.), cert. denied, 502 U.S. 828 (1991). Accordingly, we affirm the judgment for Appellees. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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