Tucker v. Evans, 276 F.3d 999 (8th Cir. 2002). · Go Syfert
Tucker v. Evans, 276 F.3d 999 (8th Cir. 2002). Cases Citing This Book View Copy Cite
122 citation events (122 in the last 25 years) across 19 distinct courts.
Strongest positive: Derrick Fields v. Correctional Officer Darnequious Evans (ca8, 2023-12-14)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Derrick Fields v. Correctional Officer Darnequious Evans
8th Cir. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have held in several cases that qualified immunity for prison officials is appropriate when . . . failure-to-protect claim arises from inmate injuries resulting from a surprise attack by another inmate.
discussed Cited as authority (verbatim quote) Leonard v. St. Charles County Police Department (2×) also: Cited "see"
E.D. Mo. · 2021 · quote attribution · 1 verbatim quote · confidence high
iewed in the light most favorable to the appellees, these facts at best only demonstrate negligence.
discussed Cited as authority (verbatim quote) James E. Norman v. Tim Schuetzle
8th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
the alleged conduct certainly points to negligence, and quite possibly even gross negligence, but that is insufficient to prove a violation of tucker's constitutional rights.
examined Cited as authority (verbatim quote) Norman v. Schuetzle (2×)
8th Cir. · 2009 · quote attribution · 2 verbatim quotes · confidence high
the alleged conduct certainly points to negligence, and quite possibly even gross negligence, but that is insufficient to prove a violation of tucker's constitutional rights.
discussed Cited as authority (quoted) Mayfield v. Gilliam
E.D. Ark. · 2025 · quote attribution · 1 verbatim quote · confidence low
y the time daniels knew something was wrong, the fight was already over. therefore . . . daniels would not have been able to intervene in time to rescue tucker.
discussed Cited as authority (quoted) Ismael Martinez v. Toni Perry
8th Cir. · 2019 · signal: cf. · quote attribution · 1 verbatim quote · confidence low
y the time daniels knew something was wrong, the fight was already over. therefore . . . daniels would not have been able to intervene in time to rescue tucker.
discussed Cited as authority (quoted) King v. Dingle (2×) also: Cited as authority (rule)
D. Minnesota · 2010 · quote attribution · 1 verbatim quote · confidence low
even if there was a substantial risk of harm to , there is no evidence that was deliberately indifferent to that risk.
cited Cited as authority (rule) Christopher A. Johnston v. United States of America, Judge Sword, DA Fitzgerald, LT Howard, LT Kidd, LT Warrick, CO Estrada, Agent Pickett, and DA Willard
E.D. Tenn. · 2025 · confidence medium
Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002).
cited Cited as authority (rule) Sellars v. Eller
E.D. Tenn. · 2025 · confidence medium
Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002).
discussed Cited as authority (rule) Williams v. Payne
E.D. Ark. · 2025 · confidence medium
See Schoelch v. Mitchell, 625 F.3d 1041, 1047-49 (8th Cir. 2010); Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002); Curry v. Crist, 226 F.3d at 979; Jackson v. Everett, 140 F.3d at 1151; Prosser v. Ross, 70 F.3d 1005, 1007 (8th Cir. 1995); Smith v. Marcantonio, 910 F.2d 500, 502 (8th Cir. 1990).
discussed Cited as authority (rule) Justin Johnson v. Jacob Schurman
8th Cir. · 2025 · confidence medium
“We have held in several cases that qualified immunity for prison officials is appropriate when an Eighth Amendment failure-to-protect claim arises from inmate injuries resulting from a surprise attack by another inmate.” Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002) (finding no deliberate indifference because there was no evidence that the plaintiff “was the likely target of an impending attack by [the attacker]” and there was no evidence that the officer “had any actual knowledge” of altercations between the plaintiff and the attacker “much less that he knew [the attacker…
discussed Cited as authority (rule) Dunahue v. Reed
E.D. Ark. · 2025 · confidence medium
The Eighth Amendment does not attach every time one inmate attacks another; rather, prison officials must “exhibit a deliberate or callous indifference to an inmate’s safety.” Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002) (quoting Davidson v. Cannon, 474 U.S. 344, 347 (1986)) (cleaned up); see also Farmer, 511 U.S. at 834 (“It is not, however, every injury suffered by one prisoner at the hands of another that translates into constitutional liability for prison officials responsible for the victim’s safety.”).
discussed Cited as authority (rule) Robinson v. Clark (2×)
E.D. Ark. · 2025 · confidence medium
See Schoelch v. Mitchell, 625 F.3d 1041, 1047-49 (8th Cir. 2010); Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002); Curry v. Crist, 226 F.3d at 979; Jackson v. Everett, 140 F.3d at 1151; Prosser v. Ross, 70 F.3d 1005, 1007 (8th Cir. 1995); Smith v. Marcantonio, 910 F.2d 500, 502 (8th Cir. 1990).
discussed Cited as authority (rule) Hazley v. Hennepin Cty Med. Ctr (2×) also: Cited "see"
D. Minnesota · 2024 · confidence medium
Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002) (quotation omitted).
discussed Cited as authority (rule) Gomez v. City of St. Louis
E.D. Mo. · 2024 · confidence medium
Jail, 602 prison officials violate the Eighth Amendment ‘only when they exhibit a “deliberate callous indifference” to an inmate’s safety.’” Patterson v. Kelley, 902 F.3d 845, 851 (8th Cir. 2018) (quoting Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002)).
discussed Cited as authority (rule) Harris v. Harris
E.D. Mo. · 2024 · confidence medium
“Rather, prison officials violate the Eighth Amendment ‘only when they exhibit a “deliberate or callous indifference” to an inmate’s safety.’” Patterson v. Kelley, 902 F.3d 845, 851 (8th Cir. 2018) (quoting Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002)).
cited Cited as authority (rule) Cater v. Arkansas Department of Correction
E.D. Ark. · 2024 · confidence medium
Tucker v. Evans, 276 F.3d 999, 1002 (8th Cir. 2002).
discussed Cited as authority (rule) Featherston v. Dycus
E.D. Ark. · 2023 · confidence medium
Appx. 665, 666 (8th Cir. 2016). 87 See Schoelch v. Mitchell, 625 F.3d 1041 (8th Cir. 2010); Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002). • None of those five inmates in fact attacked Featherston in February 2021. • Featherston objected to being moved into 12 barracks on February 3, 2021 but did not list or report any specific inmate whom he feared there; rather, he indicated he was afraid of every inmate in 12 barracks. • Featherston did not know which inmates lived in 12 barracks in February 2021 and did not know that M.M. (an inmate who allegedly attacked him in December 2020) …
examined Cited as authority (rule) Balducci v. Missouri Department of Corrections (3×) also: Cited "see"
W.D. Mo. · 2022 · confidence medium
Thus, “[a] failure- to-protect claim has an objective component, whether there was a substantial risk of harm to the inmate, and a subjective component, whether the prison official was deliberately indifferent to that risk.” Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002) (quoting Curry, 226 F.3d at 977).
discussed Cited as authority (rule) Blankenship v. Parris
E.D. Tenn. · 2022 · confidence medium
Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002) (finding that because of the subjective component necessary to establish failure-to-protect liability, an officer cannot be deliberately indifferent when an inmate is a victim of a surprise attack).
discussed Cited as authority (rule) Howell v. Saint Louis City
E.D. Mo. · 2022 · confidence medium
See Holden v. Hirner, 663 F.3d 336, 341 (8th Cir. 2011) (explaining, in a failure to protect case, “deliberate indifference includes something more than negligence . . . it requires proof of a reckless disregard of the known risk”); Pagels v. Morrison, 335 F.3d 736, 740 (8th Cir. 2003) (negligence, and even gross negligence, is insufficient to establish a failure to protect claim); Tucker v. Evans, 276 F.3d 999, 1002 (8th Cir. 2002) (explaining that “even gross negligence” is insufficient to establish a failure to protect claim); Blades v. Schuetzle, 302 F.3d 801, 804 (8th Cir. 2002) (…
discussed Cited as authority (rule) Watson v. Driskill
E.D. Mo. · 2022 · signal: cf. · confidence medium
Cf. Miller v. Norris, 247 F.3d 736, 740 (8th Cir. 2001) (holding that an inmate was prevented from exhausting administrative remedies when prison officials ignored his requests for grievance forms). is entitled to qualified immunity “unless a reasonable official would have known that [his] actions constituted a deliberate, callous, or reckless disregard for [Plaintiff’s] safety.” Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002).
discussed Cited as authority (rule) Deboe v. Korneman (2×) also: Cited "see"
W.D. Mo. · 2022 · confidence medium
“Negligence, and . . . even gross negligence . . . is insufficient to prove a violation of [the inmate’s] constitutional rights.” Tucker, 276 F.3d at 1002.
discussed Cited as authority (rule) Deboe v. Korneman (2×) also: Cited "see"
W.D. Mo. · 2021 · confidence medium
“Negligence, and . . . even gross negligence . . . is insufficient to prove a violation of [the inmate’s] constitutional rights.” Tucker, 276 F.3d at 1002.
discussed Cited as authority (rule) Sims v. Brown
E.D. Ark. · 2020 · confidence medium
No. 50-3, p. 2. 41Walton v. Dawson, 752 F.3d 1109, 1123 (8th Cir. 2014). 42Patterson, 902 F.3d at 852 ; Pagels v. Morrison, 335 F.3d 736, 740 (8th Cir. 2003). 43See Schoelch, 625 F.3d at 1046 (prison officials must have actual knowledge to be deliberately indifferent); Tucker v. Evans, 276 F.3d 999, 1002 (8th Cir. 2002) (guard’s failure “to properly supervise the barracks” was not enough to establish deliberate indifference); Williams v. Mueller, 13 F.3d 1214, 1216 (8th Cir. 1994) (“A prison official acts with deliberate indifference to an inmate’s safety when the official is present…
cited Cited as authority (rule) Moser v. Helton
D. Neb. · 2019 · confidence medium
Id. at 852 (stating that even “gross negligence . . . falls short of deliberate indifference as a matter of law”) (citing Tucker, 276 F.3d at 1001).
discussed Cited as authority (rule) Randall McArty v. William Straughn
8th Cir. · 2015 · confidence medium
Co., 594 F.3d 989, 991-92 (2010), we conclude, for the reasons explained by the district .court, that defendants were not deliberately indifferent to a serious risk to McArty’s safety, see Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir.2002).
discussed Cited as authority (rule) Estate of Gaither v. District of Columbia
D.D.C. · 2011 · confidence medium
See Burnley v. Evans, 249 Fed.Appx. 492 , 493-94 (8th Cir.2007) (per curiam) (concluding that even if guard released inmates in violation of a policy requiring continuous supervision of inmates, the record at best showed “mere negligence”); Tucker v. Evans, 276 F.3d 999, 1001-02 (8th Cir.2002) (concluding that even if there was a substantial risk of harm to inmates, allegations that an officer in the control booth failed to properly supervise the unit and perform inspection duties “fail[ed] to rise to the level of a constitutional wrong” and at best demonstrated negligence); Jones v. A…
discussed Cited as authority (rule) Johnson v. Boyd
E.D. Ark. · 2009 · confidence medium
See Farmer, 511 U.S. at 838 , 114 S.Ct. 1970 (holding that an official’s failure to alleviate a risk that he should have perceived, but did not, is insufficient for a finding of liability); Tucker v. Evans, 276 F.3d 999, 1002 (8th Cir.2002) (concluding that "negligence” and “gross negligence” are insufficient to establish a failure to protect claim). 11 .
discussed Cited as authority (rule) Terry Wayne Johnson v. Doris Butler
8th Cir. · 2008 · confidence medium
Specifically, Johnson’s and others’ testimony that Officer McDaniel left the mop closet unlocked in violation of prison policy showed only negligence, see Newman v. Holmes, 122 F.3d 650, 653 (8th Cir.1997); Falls v. Nesbitt, 966 F.2d 375, 379-80 (8th Cir.1992); Johnson’s assertion that McDaniel acted knowingly — even if such conduct would show deliberate indifference — came too late, see Roberts v. Apfel, 222 F.3d 466, 470 (8th Cir.2000); McDaniel did not violate the Eighth Amendment by calling for backup rather than intervening in the fight, see Williams v. Willits, 853 F.2d 586, 58…
discussed Cited as authority (rule) Michael David Lenz v. M.D. Reed
8th Cir. · 2007 · signal: cf. · confidence medium
Cf. Tucker v. Evans, 276 F.3d 999, 1003 (8th Cir.2002) (reversing the denial of qualified immunity to supervisors because, in part, the evidence did not demonstrate the supervisors knew of and deliberately disregarded “an excessive risk to inmate health and safety”).
discussed Cited as authority (rule) Krein v. Norris (2×) also: Cited "see, e.g."
8th Cir. · 2002 · signal: cf. · confidence medium
Cf. Tucker v. Evans, 276 F.3d at 1003 (reversing denial of summary judgment based on qualified immunity where the plaintiff's claim was based upon a surprise attack and "there [was] no evidence in the record demonstrating that [the prison officials] knew of and deliberately disregarded an excessive risk to inmate health or safety"). 15 In Farmer v. Brennan, 511 U.S. at 828 , 114 S.Ct. 1970 , the Supreme Court held that "[a] prison official's `deliberate indifference' to a substantial risk of serious harm to an inmate violates the Eighth Amendment." The Supreme Court further explained that such…
discussed Cited as authority (rule) Ben Krein v. Larry Norris (2×) also: Cited "see, e.g."
8th Cir. · 2002 · signal: cf. · confidence medium
Cf. Tucker v. Evans, 276 F.3d at 1003 (reversing denial of summary judgment based on qualified immunity where the plaintiffs claim was based upon a surprise attack and “there [was] no evidence in the record demonstrating that [the prison officials] knew of and deliberately disregarded an excessive risk to inmate health or safety”).
discussed Cited "see" Jacob Zeno v. Johnny Hall, et al.
W.D. Va. · 2026 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999 , 1001–02 (8th Cir. 2002) (holding that a correctional officer’s failure to properly perform his inspection duties at most constituted gross negligence and did not support a finding of deliberate indifference).
cited Cited "see" Carolyn Arnett v. Larry Norris
8th Cir. · 2025 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002).
cited Cited "see" Christopher v. Dakota County
D. Minnesota · 2025 · signal: see · confidence high
See id. at 976–77.
discussed Cited "see" Schibline v. Thomas
W.D. Ark. · 2023 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999 , 1001-02 (finding that a correctional officer’s failure to properly inspect the jail, supervise inmates in their barracks, and assist an inmate following an attack “point{] to negligence, and quite possibly even gross negligence, but that is insufficient to prove a violation of [an inmate's] constitutional rights”).
discussed Cited "see" Deboe v. Korneman
W.D. Mo. · 2022 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999 , 1002 (8th Cir. 2002) (Neither negligence, nor gross negligence is sufficient to prove a violation of constitutional rights with a failure-to-protect claim); Patterson v. Kelley, 902 F.3d 845, 852 (8th Cir. 2018) (“Mazzanti's conduct represents—at most—gross negligence, which falls short of deliberate indifference as a matter of law.”) Additionally, even if knowledge of Logan’s violent background was known by some members of the prison staff, that does not show the Moving Defendants had actual knowledge that Logan presented a significant risk of har…
discussed Cited "see" EDVALSON v. MCCLAIREN (2×) also: Cited "see, e.g."
M.D. Ga. · 2022 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999, 1001-02 (8th Cir. 2002) (holding that allegations that prison guard “failed to properly perform his inspection duties, misinterpreted an argument between cellmates, [and] failed to properly supervise the barracks” did not “rise to the level of a constitutional wrong”); see also Goodman, 718 F.3d at 1332 (noting that prison guards’ “failure to conduct the cell checks and head counts” was merely negligent and did not demonstrate that guards “knew of a substantial risk of serious harm” to plaintiff who was attacked by another inmate); Hale, 50 …
discussed Cited "see" Waller v. Reed
E.D. Ark. · 2021 · signal: see · confidence high
See Tucker, 276 F.3d at 1002 (affirming qualified immunity on a failure to protect claim because “by the time [the defendant] knew something was wrong, the fight was already over” and the defendant “would not have been able to intervene’).
discussed Cited "see" Stiltner v. Donini (2×)
S.D. Ohio · 2020 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999 , 1002 (8th Cir. 2002) (finding that there was no evidence the deceased inmate was the target of an impending attack; therefore, prison officials did not have any specific, actual knowledge about a threat of harm to the inmate).
discussed Cited "see" James Vandevender v. Captain Walter Sass
8th Cir. · 2020 · signal: see · confidence high
See Curry, 226 F.3d at 978-79 (collecting cases), and Tucker v. Evans, 276 F.3d 999 (8th Cir. 2002). 2 Limiting the opinion in this manner should not be read as implying that we disagree with the conclusion in Judge Kelly’s concurring opinion that Vandevender did not sufficiently plead facts showing deliberate indifference. -4- “[B]ecause prisons are dangerous places, housing the most aggressive among us and placing violent people in close quarters, . . . prison officials are entitled to qualified immunity from claims arising out of a surprise attack by one inmate on another.” Everett, 1…
discussed Cited "see" T.K. v. Cleveland
W.D. Mo. · 2020 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999, 1003 (8th Cir. 2002) (finding “several cases in this circuit have held that attendance at a training academy and on-the-job training is sufficient for proper training;” thus the two officers received adequate training where the officer completed a six-week course and received on-the-job training); Williams–El v. Johnson, 872 F.2d 224, 230 (8th Cir. 1989) (finding police academy and on-the-job training adequate for correctional officers with no prior experience).
discussed Cited "see" Reginald R. Early v. Keith Crockett, Clayborn Carroll, Roberta Lewis, and Lamon Mayo
Ark. · 2019 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999 (8th Cir. 2002). 6 Early relies on Whitson v. Stone County Jail, 602 F.3d 920 (8th Cir. 2010), to argue that Appellees remain liable for his injuries even though they were unaware of any risk posed by Hogan.
examined Cited "see" Patric Patterson v. Kennie Bolden (10×)
8th Cir. · 2018 · signal: see · confidence high
See Tucker v. Evans , 276 F.3d 999 , 1001-02 (8th Cir. 2002).
cited Cited "see" Thunder Hawk-Gallardo v. Sgt. Wendling
D.S.D. · 2018 · signal: see · confidence high
See Tucker, 276 F.3d at 1001.
cited Cited "see" Robinson v. United States Bureau of Prisons
N.D.N.Y. · 2003 · signal: see · confidence high
See Tucker v. Evans, 276 F.3d 999 , 1002-03 (8th Cir.2002).
discussed Cited "see, e.g." Dudley v. Gonzales
N.D. Tex. · 2025 · signal: see also · confidence medium
In holding that the record before it was legally insufficient to satisfy the subjective element of deliberate indifference, Williams noted that the defendant officer “had a short span of time to reflect upon the risk presented” and her acts “did not amount to punishment of [plaintiffs] as that concept has been defined by the Supreme Court.” Id.; see also, e.g., Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002) (qualified immunity appropriate when failure-to-protect claim arises from surprise attack by another inmate).
discussed Cited "see, e.g." David King v. Timothy Riley
4th Cir. · 2023 · signal: see also · confidence low
See Rich, 129 F.3d at 339–40 (applying Farmer to hold that an officer was not deliberately indifferent despite knowingly violating prison regulations); see also Tucker v. Evans, 276 F.3d 999 , 1001–02 (8th Cir. 2002) (holding that a correction officer’s failure to properly perform security checks was, at most, gross negligence).
discussed Cited "see, e.g." Simpson v. Kaemingk
D.S.D. · 2019 · signal: see also · confidence low
Therefore, in order to survive 28 U.S.C. § 1915A review, Simpson must show: (1) “he suffered objectively serious medical needs” and (2) that the defendants “actually knew of but deliberately disregarded those needs.” Johnson v. Hamilton, 452 F.3d 967 , 972-73 (8th Cir. 2006); see also Tucker v. Evans, 276 F.3d 999 , 1001 (8th Cir. 2002) (noting that deliberate indifference requires proof of reckless or callus disregard of a known, excessive risk of harm to the safety of the inmate.
Retrieving the full opinion text from the archive…
Elaine Tucker, Co-Administrator of the Estate of William Edward Tucker, Deceased, Ricky Tucker, Co-Administrator of the Estate of William Edward Tucker, Deceased
v.
Marvin Evans, Jr. Kendrick Daniels, Originally Sued as Kedrick Daniels Larry Norris, Individually and as the Director of the Arkansas Department of Corrections
01-1778.
Court of Appeals for the Eighth Circuit.
Jan 14, 2002.
276 F.3d 999

276 F.3d 999 (8th Cir. 2002)

ELAINE TUCKER, CO-ADMINISTRATOR OF THE ESTATE OF WILLIAM EDWARD TUCKER, DECEASED, RICKY TUCKER, CO-ADMINISTRATOR OF THE ESTATE OF WILLIAM EDWARD TUCKER, DECEASED, APPELLEES,
v.
MARVIN EVANS, JR.; KENDRICK DANIELS, ORIGINALLY SUED AS KEDRICK DANIELS; LARRY NORRIS, INDIVIDUALLY AND AS THE DIRECTOR OF THE ARKANSAS DEPARTMENT OF CORRECTIONS, APPELLANTS.

No. 01-1778

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: September 10, 2001
January 14, 2002

Appeal from the United States District Court for the Eastern District of Arkansas.

Charles E. Halbert, argued, Helena, AR, (Louis A. Etoch, on the brief), for Appellees.

Before McMILLIAN, Beam, and Hansen, Circuit Judges.

Beam, Circuit Judge

[*~999]1

This appeal comes before us following the district court's order denying three prison employees' motion for summary judgment based on qualified immunity. We reverse.

I. BACKGROUND

2

On May 9, 1998, William Edward Tucker (now deceased) was housed in Barracks 7, a general population barracks, at the East Arkansas Regional Unit of the Arkansas Department of Correction (ADC). That evening, Officer Kendrick Daniels was assigned to the control booth for Barracks 7 and 8. At approximately 10:30 p.m., Daniels conducted a count of the inmates in Barracks 7. After finishing with the count, at around 10:40 p.m., Daniels turned out the lights to Barracks 7 and returned to the control booth in order to write down the count. Appellees (the administrators of Tucker's estate) allege that shortly after Daniels turned out the barracks lights for the night, inmate Weaver and other inmates went to Tucker's bed and beat him severely about the head and shoulders with a broken bedframe. Tucker died as a result of his injuries.

[*~1000]3

Appellees brought this section 1983 suit against Daniels for failing to protect Tucker from attack by other inmates. Appellees also sued Warden Marvin Evans and Director Larry Norris for failing to properly train the prison staff, and for failing to protect Tucker. The prison employees filed a motion for summary judgment claiming they were entitled to qualified immunity. The district court denied the motion, finding that factual disputes remained concerning whether Daniels failed to properly perform his inspection duties, incorrectly interpreted an argument between Tucker and Weaver, and failed to supervise the barracks by turning his attention elsewhere. In addition, the district court found that Daniels was prohibited from entering the barracks to assist Tucker due to an ADC policy requiring the officer in possession of the key to remain outside the barracks until assistance arrived. The district court also stated that there were disputed facts regarding whether Warden Evans and Director Norris had prior notice of a pervasive risk of harm based on Smith v. Arkansas Department of Correction, 103 F.3d 637 (8th Cir. 1996), and whether they knew about prior assaults in the barracks.

II. DISCUSSION

4

We review a district court's denial of qualified immunity de novo. Jones v. Shields, 207 F.3d 491, 494 (8th Cir. 2000). When reviewing a motion for summary judgment the question before this court is whether the record, viewed in the light most favorable to the non-moving party, shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Webb v. Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998).

5

The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The Supreme Court has made it clear that the Eighth Amendment encompasses an inmate's right to be protected from harm by fellow inmates. Farmer v. Brennan, 511 U.S. 825, 833 (1994). However, prison officials violate this right only when they exhibit a "deliberate or callous indifference" to an inmate's safety. Davidson v. Cannon, 474 U.S. 344, 347 (1986); accord Newman v. Holmes, 122 F.3d 650, 652 (8th Cir. 1997) (holding prison official is only liable if "deliberately indifferent to the need to protect an inmate from a substantial risk of serious harm from other inmates").

[*~1001]6

We have held in several cases that qualified immunity for prison officials is appropriate when an Eighth Amendment failure-to-protect claim arises from inmate injuries resulting from a surprise attack by another inmate. See Curry v. Crist, 226 F.3d 974, 978-79 (8th Cir. 2000); Jackson v. Everett, 140 F.3d 1149, 1151 (8th Cir. 1998); Prosser v. Ross, 70 F.3d 1005, 1007 (8th Cir. 1995); Smith v. Marcantonio, 910 F.2d 500, 502 (8th Cir. 1990).

7

Taken together, the cases indicate that Daniels is entitled to qualified immunity unless a reasonable official would have known that Daniels' actions constituted a deliberate, callous, or reckless disregard for Tucker's safety. See Prosser, 70 F.3d at 1007. "A failure-to-protect claim has an objective component, whether there was a substantial risk of harm to the inmate, and a subjective component, whether the prison official was deliberately indifferent to that risk." Curry, 226 F.3d at 977 (citations omitted). Even if there was a substantial risk of harm to Tucker, there is no evidence that Daniels was deliberately indifferent to that risk.

[*1002]8

The district court reasoned that this case is not a typical failure-to-protect case because the appellees have specifically alleged that Daniels failed to properly perform his inspection duties, misinterpreted an argument between Tucker and Weaver, failed to properly supervise the barracks, and failed to promptly assist Tucker after the attack. The district court held that because those specific factual allegations were in dispute, the motion for summary judgment must fail. But in this case, even if all of the allegations are taken as true, Daniels' conduct fails to rise to the level of a constitutional wrong. The alleged conduct certainly points to negligence, and quite possibly even gross negligence, but that is insufficient to prove a violation of Tucker's constitutional rights. Appellees must demonstrate that Daniels was deliberately indifferent to a risk to Tucker and the record does not support such a finding. See Farmer, 511 U.S. at 834.

9

There is no evidence that Tucker was the likely target of an impending attack by Weaver. Appellees claim that Daniels was put on notice of a dispute between Tucker and Weaver because they approached him several hours before the killing and asked him the location of Earle, Arkansas. Appellees allege that it is possible the two men were having an argument about Earle's location, which should have put Daniels on alert that there was trouble between them. However, Daniels did not actually observe any disagreement between Weaver and Tucker. In fact, he said that the two men were laughing and acting "buddy-buddy"-like when they approached him. Furthermore, Daniels observed the two inmates watching television together later in the evening. Appellees failed to present any evidence to suggest that Daniels had any actual knowledge that Weaver and Tucker were fighting, much less that he knew Weaver would attack Tucker in a few hours. Even if Daniels misinterpreted whether the two men were getting along, it may show that he is a bad judge of interpersonal relations, but it does not mean he violated Tucker's constitutional rights by being deliberately indifferent.

10

The district court also held that factual disputes remained because Daniels was prohibited from entering the barracks to assist Tucker due to an ADC policy requiring the officer in possession of the barracks keys to remain outside the barracks until assistance arrived. Presumably the district court thought this fact may have prevented Daniels from protecting Tucker. However, by the time Daniels knew something was wrong, the fight was already over. Therefore, even if there were no such policy regarding entering the barracks with keys, Daniels would not have been able to intervene in time to rescue Tucker.

[*1002]11

The last two facts that the district court stated were in dispute were whether Daniels failed to properly inspect the barracks and whether he failed to properly supervise the barracks. However, viewed in the light most favorable to the appellees, these facts at best only demonstrate negligence. If Daniels had known that Weaver was a risk to Tucker and failed to supervise the barracks properly, appellee would have a stronger argument concerning Daniels' deliberate indifference. But here, Weaver's "decision to murder a fellow inmate came without warning," see Curry, 226 F.3d at 979, and Daniels is entitled to summary judgment on qualified immunity grounds.

12

We next turn to the claims against Warden Evans and Director Norris. The district court denied them qualified immunity as well, stating that there were disputed facts concerning whether they had prior notice of a pervasive risk of harm created by under-staffing or of prior assaults in the barracks. In support of this order, the district court cited Smith v. Arkansas Department of Correction, 103 F.3d 637 (8th Cir. 1996), for the proposition that disputed facts regarding the policy and practices of staffing open barracks preclude entry of summary judgment on qualified immunity grounds. Reliance on the Smith case is misplaced. Smith held that summary judgment was inappropriate when there was a factual dispute concerning whether prison officials were in compliance with a court order detailing the minimum requirements necessary for proper supervision in a particular open barracks. Id. at 648. In Smith, the unit at issue was under a specific order outlining the minimum requirements necessary for proper supervision and staffing in its open barracks. See Finney v. Mabry, 546 F. Supp. 628 (E.D. Ark. 1982) (dismissing class action brought by inmates after finding that prison officials had sufficiently changed supervision procedures in the prison unit at issue to meet the requirements of the Constitution and a consent decree). Evans and Norris are not under a specific order regarding staffing and supervision requirements at the East Arkansas Regional Unit.

13

It appears the district court read Smith too broadly. Smith merely held that summary judgment was inappropriate where there were facts in dispute concerning whether the specific prison unit governed by the Finney order was following the requirements of that order. Here, on the other hand, there is no order governing the supervision policies of the unit and there is no evidence in the record that under- staffing at the East Arkansas Regional Unit has risen to the level of a constitutional violation. In sum, there is no evidence in the record demonstrating that Evans and Norris knew of and deliberately disregarded an excessive risk to inmate health or safety. Farmer, 511 U.S. at 834.

14

Finally, appellees claim that they are entitled to relief because Evans and Norris failed to properly train Daniels. However, several cases in this circuit have held that attendance at a training academy and on-the-job training is sufficient for proper training. See Andrews v. Fowler, 98 F.3d 1069, 1076-77 (8th Cir. 1996) (training program consisting of attendance at a police academy and two weeks on-the-job training sufficient); Williams-El v. Johnson, 872 F.2d 224, 230 (8th Cir. 1989) (finding police academy and on-the-job training adequate for correctional officers with no prior experience). It is undisputed that Daniels completed a six-week training course at the Arkansas Department of Correction Training Academy as well as on- the-job training. There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit.

III. CONCLUSION

15

We conclude that a reasonable official in Evans and Norris' position at the time the attack occurred would not have believed that his actions violated Tucker's clearly established constitutional rights. Evans, Norris and Daniels are therefore entitled to qualified immunity as a matter of law and the decision below is reversed