44 F.4th 452

Zakora v. Chrisman

Submitted by Re'Neisha Stevenson on Tue, 11/01/2022 - 10:25

Plaintiff sufficiently alleged subjective prong of claim under 8th Amendment for failure to protect prisoner from widespread presence of drugs at state prison, based on claim that prisoner’s risk of death from fentanyl was obvious to warden, warden’s assistant, and two inspectors, because in days immediately preceding prisoner’s death two other prisoners in unit of 12 -16 prisoners had overdosed.

Zakora v. Chrisman

Submitted by Re'Neisha Stevenson on Tue, 11/01/2022 - 10:21

Absence of knowledge of identity of corrections officer who allegedly orchestrated a drug smuggling ring at prison was not a “mistake” regarding officer’s identity, as would allow claims against officer to relate back for limitations purposes under FRCP 15(c)(1)(c)).