Jason v. Tanner, No. 18-30837 (5th Cir. 2019)Annotate this Case
After plaintiff was struck by a fellow inmate on the back of the head with a yard tool that the prison issued to inmates, he filed a 42 U.S.C. 1983 action, alleging claims of deliberate indifference and failure to train in violation his Eighth Amendment rights. The district court granted qualified immunity as to one official and denied it as to three other officials.
The Fifth Circuit reversed and granted qualified immunity to all four officials, holding that Defendant Ladner and Pierce's alleged individual conduct did not rise to deliberate indifference and thus they were immune from suit. In regard to Defendant Tanner, the warden, the court held that it was not the lack of training that caused the risk to plaintiff, but rather the sufficiency of the overall protocol. In this case, there was no repeated pattern of violations and thus Tanner could not be held liable for inadequately training Pierce and Ladner.