Lewis v. Swicki, No. 17-3449 (2d Cir. 2019)Annotate this Case
The Second Circuit reversed the district court's dismissal of an Eighth Amendment claim by a state prisoner that state corrections officers were deliberately indifferent to a substantial risk of harm, which resulted in an assault to the prisoner by another prisoner. The court held that the district court incorrectly stated the summary judgment standard applicable to plaintiff's claim and that factual issues precluded entry of summary judgment for the officers. In this case, the district court failed to view the evidence of the threat "in the light most favorable" to plaintiff, and there were genuine issues of material fact regarding whether defendants failed to take reasonable steps to avoid harm to plaintiff and to protect him from harm. Accordingly, the court remanded for further proceedings.