Redmond v. Crowther

This appeal arose from prison officials’ attempt to gain control over an agitated prisoner who refused to obey their orders, locked himself in the prison’s outdoor recreation yard, and threatened prison officials. Officials decided to drop tear gas into the recreation yard. An intake vent in the yard drew the gas in and filtered it into the prison. Numerous prisoners in their cells were exposed to the gas. Prison officials evacuated the prisoners housed in two sections of the prison after they secured the prisoner in the recreation yard. The officials did not, however, evacuate the prisoners in two other sections. On behalf of a class of about one-hundred prisoners, Timothy Redmond sued three of the prison officials for constitutional violations under 42 U.S.C. 1983, claiming the officials violated the Eighth Amendment and Utah’s Constitution by exposing the prisoners to gas, and then failing to provide adequate medical care. The district court granted the defendants’ summary judgment motion. After review of the claims, the Tenth Circuit affirmed: the prison officials’ conduct, at most, only accidently exposed the prisoners to CS gas, and qualified immunity shields government officials from liability for mistakes like this one. And the rest of Redmond’s claims failed either because Redmond forfeited them, failed to prove a constitutional violation occurred, or did not cite case law that clearly established the alleged rights. Furthermore, violating the Utah Constitution required more-than-negligent conduct, and the prison officials’ conduct was “textbook negligence.” View "Redmond v. Crowther" on Justia Law