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Failure to Protect Suit Dismissed
The plaintiff had a separation order from another prisoner whose brother he had killed. He was assaulted by that prisoner, who was permitted to be in the same population only because of error. There was no showing that the defendants actually knew about the separation order before the attack. The plaintiff required no medical treatment after the attack; his injuries are "constitutionally de minimis" and do not meet the serious harm standard of Farmer v. Brennan. See: Mabine v. Vaughn, 25 F.Supp.2d 587 (E.D.Pa. 1998).
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Related legal case
Mabine v. Vaughn
| Year | 1998 |
|---|---|
| Cite | 25 F.Supp.2d 587 (E.D.Pa. 1998) |
| Level | District Court |
| Injunction Status | N/A |