Chavero-Linares v. Smith, No. 13-3532 (8th Cir. 2015)
Annotate this CaseLinares was held at the Hardin County Correctional Center at the direction of Immigration and Customs Enforcement (ICE). She alleges that another inmate made derogatory and “threatening statements,” which “alarmed” her; that she reported them to a sergeant and an ICE Agent; and that did not act on her concerns. Within a week, the inmate threw a lightweight, plastic chair at her. Linares said the “assault caused a significant injury on my face,” and “a great deal of head pain” for “at least two days,” and residual “pain in my right cheek for about three weeks.” She took one pain pill. A contemporaneous photo shows an injury consistent with observation of “a little red mark on her right cheek. There was no swelling or puffiness and no bleeding.” Officers did not complete an incident report “because the scratch was so minor, and because [she] was not upset, in pain, [and did not ask] for medical treatment.” Linares brought claims of failure-to-protect; failure-to-train; substantive-due-process violations; and, failure-to-have-a-custody-policy. The court dismissed the federal defendants and granted summary judgment to the county defendants. The court also granted qualified immunity to the individual defendants. The Eighth Circuit affirmed.
Court Description: Civil case - Civil rights. Claims not raised or meaningfully briefed on appeal are waived; failure-to-protect claim against ICE agent was properly dismissed as plaintiff failed to show the agent was aware of facts from which an inference could be drawn that plaintiff was subject to a substantial risk of serious harm; failure-to-protect claim against jail official was properly dismissed as plaintiff did not suffer an objectively serious injury.
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