Branchcomb v. Brewer, 81-1786

Decision Date11 February 1982
Docket NumberNo. 81-1786,81-1786
Citation669 F.2d 1297
PartiesRonald Lee Roy BRANCHCOMB, Appellant, v. Lou BREWER, James Menke, and Charles Wilkins, Appellees.
CourtU.S. Court of Appeals — Eighth Circuit

Gordon E. Allen, argued, Allen, Babich & Bennett, Des Moines, Iowa, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen. of Iowa, John G. Black, Sp. Asst. Atty. Gen., Jonathan Golden, Asst. Atty. Gen., argued, Des Moines, Iowa, for defendants-appellees.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and WOODS, District Judge.

PER CURIAM.

This is a 42 U.S.C. § 1983 action brought by an Iowa inmate against the Warden and other officials of the Iowa Men's Penitentiary. Plaintiff claims that he has been assaulted and homosexually raped and that defendants are at fault. Defendants' conduct in permitting plaintiff to be exposed to the inmates who attacked him is said to have violated the Fifth and Eighth Amendments, as made applicable to the States by the Fourteenth.

After a non-jury trial, the District Court filed findings of fact and conclusions of law and entered judgment for defendants. The court's findings of fact simply recited the dates and times of plaintiff's incarceration and the history of his transfers among various units of the Iowa Division of Adult Corrections. The court also found that plaintiff was in fact sexually assaulted and homosexually raped by two fellow inmates. The second conclusion of law held that defendants did not violate plaintiff's constitutional rights.

This is not a case in which plaintiff claims that defendants personally inflicted any harm on him. Rather, the theory of the action is that defendants did not take sufficient precautions to protect plaintiff from violence by fellow inmates. In order to sustain this claim, plaintiff must show something more than mere inadvertence or negligence. He must show the defendants were deliberately indifferent to his constitutional rights, either because they actually intended to deprive him of some right, or because they acted with reckless disregard of his right to be free from violent attacks by fellow inmates. See Cline v. Herman, 601 F.2d 374, 376 (8th Cir. 1979) (per curiam); Little v. Walker, 552 F.2d 193, 197-98 (7th Cir. 1977), cert. denied, 435 U.S. 932, 98 S.Ct. 1507, 55 L.Ed.2d 530 (1978). The question of defendants' state of mind, especially in a relatively complex fact situation like that presented here, is not a simple one. It depends, rather, on a careful evaluation on all the circumstances.

Here, the findings of fact made by the District Court are not sufficient to enable us to exercise our reviewing function in an intelligent fashion. The District Court made no finding as to the defendants' state of mind....

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  • Doe v. McFaul, Civ. A. No. C82-2985
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • December 26, 1984
    ...Miller v. Solem, 728 F.2d 1020, 1024 (8th Cir.), cert. denied, ___ U.S. ___, 105 S.Ct. 145, 83 L.Ed.2d 84 (1984); Branchcomb v. Brewer, 669 F.2d 1297, 1298 (8th Cir.1982), after remand, 683 F.2d 251 (8th Cir.1982); Clark v. Taylor, 710 F.2d 4, 9 (1st Cir.1983); Little v. Walker, 552 F.2d 19......
  • Davidson v. O'Lone, 82-5743
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    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
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    ......1983. Accord Branchcomb v. Brewer, 669 F.2d 1297, 1298 (8th Cir.1982) (per curiam) (Eighth Amendment); Williams v. Kelley, ......
  • Brewer v. Blackwell, 4-90-CV-30745.
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    • October 26, 1993
    ...is a serious medical need or act recklessly in the face of such a serious medical need. Martin, 742 F.2d at 474; Branchcomb v. Brewer, 669 F.2d 1297, 1298 (8th Cir.1982); Miller v. Solem, 728 F.2d 1020, 1024 (8th Cir.1984), cert. denied, 469 U.S. 841, 105 S.Ct. 145, 83 L.Ed.2d 84 (1984) (pr......
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    • December 12, 1994
    ...need or act recklessly in the face of such a serious medical need. Martin v. White, 742 F.2d 469, 474 (8th Cir.1984) Branchcomb v. Brewer, 669 F.2d 1297, 1298 (8th Cir.1982); Miller v. Solem, 728 F.2d 1020, 1024 (8th Cir.1984), cert. denied, 469 U.S. 841, 105 S.Ct. 145, 83 L.Ed.2d 84 (1984)......
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