Wilson v. Falk

Colorado state prisoner Terrance Wilson was stabbed eleven times by a fellow inmate while incarcerated at a correctional Facility in Limon, Colorado. Having survived the attack, Wilson sued under 42 U.S.C. 1983 alleging that Frances Falk, James Fox, Steven Frank, and Sherwyn Phillip, each an employee of the Colorado Department of Corrections (“CDOC”), violated his Eighth Amendment rights by failing to protect him from the assault. The district court granted summary judgment in favor of the defendants. Falk served as an associate warden; the other defendants were correctional officers. Finding that Falk may have only one encounter with Wilson since his incarceration there, the Tenth Circuit found summary judgment proper as to Falk’s claims. However, the Court could not agree that the remaining defendants were entitled to qualified immunity, and reversed summary judgment as to Wilson’s claims involving their involvement in his attack. View "Wilson v. Falk" on Justia Law