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Prison System Commissioner Not Liable For Out of State Transfer

The plaintiff was assaulted by an employee and later by other prisoners in a Texas jail to which he was transferred because of overcrowding in Colorado.

The plaintiff's allegation against the Director of the Colorado prison system, that he knew the Texas jail was a substandard facility with inadequately trained personnel and that constitutional violations were likely, is "too tenuous" to support 1983 liability for the staff assault. Similarly, there are no facts supporting the conclusion that a substantial risk of inmate attack existed and that the Director actually drew the inference. See: Benglen v. Zavaras, 7 F.Supp.2d 1171 (D.Colo. 1998).

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Related legal case

Benglen v. Zavaras