Horshaw v. Casper

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Horshaw was beaten by other inmates at Menard Correctional Center. Horshaw still suffers from pain and brain trauma. Before the attack Horshaw received an anonymous letter stating that he would be “eradicated” for disrespecting the gang’s leader. In his 42 U.S.C. 1983 suit, Horshaw claimed that he gave Casper, a guard, a letter describing the threat, that Casper promised to investigate yet did nothing, and that he sent a note to then-warden Atchison, asking for protection. Both Casper and Atchison deny receiving the documents or having any reason to think that Horshaw was in danger. The district court found Casper not liable because, whether or not he received the letter, it did not establish a specific or substantial threat and found Atchison not liable because he did not receive Horshaw’s note. The Seventh Circuit vacated. Casper does not contend that he deemed the threat false or that Horshaw had lost his credibility; Atchison testified that, if he had received the letter or Horshaw’s note, he would have put Horshaw in protective custody immediately. Horshaw testified that he wrote a note to Atchison, put Atchison’s name on the envelope, and saw a guard collect the note. Placing the note in the prison mail system supports an inference of receipt. The factual disputes may be hard to resolve given the lapse of time and Horshaw’s brain injury, but if his facts are accurate, neither Casper nor Atchison is entitled to immunity. View "Horshaw v. Casper" on Justia Law