Edward L. Richardson v. Chuck Penfold & Edward Dyer, 839 F.2d 392 (7th Cir. 1988). · Go Syfert
Edward L. Richardson v. Chuck Penfold & Edward Dyer, 839 F.2d 392 (7th Cir. 1988). Cases Citing This Book View Copy Cite
117 citation events across 5 distinct courts.
Strongest positive: Robert L. Buggs v. Elgin, Joliet & Eastern Railway Company (ca7, 1995-01-26)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Robert L. Buggs v. Elgin, Joliet & Eastern Railway Company
7th Cir. · 1995 · confidence medium
Anderson, 477 U.S. at 255 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir. 1988). 19 The burden is upon the moving party to identify those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits," if any, which it believes demonstrates an absence of a genuine issue of material fact.
cited Cited as authority (rule) Maravilla v. United States
N.D. Ind. · 1994 · confidence medium
Anderson, 477 U.S. at 255, 106 S.Ct. at 2513-14; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Methodist Hospital v. Indiana Family & Social Services Administration
N.D. Ind. · 1994 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Methodist Hosp. v. IND. FAMILY & SOCIAL SERVICES
N.D. Ind. · 1994 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Liberty Mut. Ins. Co. v. KAT, INC.
N.D. Ind. · 1994 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513-14 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Liberty Mutual Insurance v. K.A.T., Inc.
N.D. Ind. · 1994 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513-14 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Marshall Jackson v. H. Christian Debruyn
7th Cir. · 1994 · confidence medium
Haines v. Kerner, 404 U.S. 519, 520 (1972); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Huszagh v. D'AMICO
N.D. Ill. · 1994 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Taylor v. United States Army
N.D. Ill. · 1993 · confidence medium
Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) George Delvecchio, Cross-Appellee v. Illinois Department of Corrections (2×)
7th Cir. · 1993 · confidence medium
Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) Norris G. Chapman v. U.S. Steel Division of U.S.X., Gary Works
7th Cir. · 1993 · confidence medium
Anderson, 477 U.S. at 255 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988). 66 The burden is upon the moving party to identify those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits," if any, which it believes demonstrates an absence of a genuine issue of material fact.
cited Cited as authority (rule) Negoski v. Country Life Insurance
N.D. Ill. · 1993 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Kenneth SARSHA, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee
7th Cir. · 1993 · confidence medium
Fed.R.Civ.P. 56(c); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) Nathan Robinson and Kathryn Green v. E.J. Brennan, J. Michael Quinlin, Calvin R. Edwards
7th Cir. · 1993 · confidence medium
See Wilks v. Young, 897 F.2d 896, 898 (7th Cir.1990); Santiago, 894 F.2d at 221 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988); see also Helling v. McKinney, 113 S.Ct. 2475, 2480 (1993); Wilson v. Seiter, 111 S.Ct. 2321, 2327 (1991); Estelle v. Gamble, 429 U.S. 97, 104-06 (1976).
cited Cited as authority (rule) Buggs v. Elgin, Joliet & Eastern Railway Co.
N.D. Ind. · 1993 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2514 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Equitable Life Assurance Society of the United States v. Bell
N.D. Ind. · 1993 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) United States v. Bethlehem Steel Corp.
N.D. Ind. · 1993 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Jean v. Dugan
N.D. Ind. · 1993 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) Timothy R. Young v. Patrick Keohane
7th Cir. · 1993 · confidence medium
Haines v. Kerner, 404 U.S. 519, 520 (1972); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988). 4 The district court correctly concluded that Young's complaint does not state an arguable basis for relief.
cited Cited as authority (rule) Wood v. Allstate Insurance
N.D. Ind. · 1993 · confidence medium
Anderson, 477 U.S. at 255, 106 S.Ct. at 2513; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Allied Corp. v. Acme Solvents Reclaiming, Inc.
N.D. Ill. · 1993 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Smith v. School City of Hobart
N.D. Ind. · 1993 · confidence medium
Anderson, 477 U.S. at 255, 106 S.Ct. at 2514; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Plaka v. Drinski
N.D. Ind. · 1993 · confidence medium
Anderson, 477 U.S. at 255 , 106 S.Ct. at 2513; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) Charles E. Ferguson v. Gary R. McCaughtry
7th Cir. · 1993 · confidence medium
Haines v. Kerner, 404 U.S. 519, 520 (1972); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988). 4 Ferguson contends that his complaint presents an arguable basis for relief under the Due Process Clause of the Fourteenth Amendment.
cited Cited as authority (rule) Swann v. Garrett
N.D. Ind. · 1992 · confidence medium
Anderson, 477 U.S. at 255, 106 S.Ct. at 2513-14; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Village of Fox River Grove, Ill. v. Grayhill, Inc.
N.D. Ill. · 1992 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Nancy Pacelli, as Independent Administrator of the Estate of Huron Loyd Cain v. Robert Devito
7th Cir. · 1992 · confidence medium
A few cases, including Wilks v. Young, 897 F.2d 896 (7th Cir.1990); Richardson v. Penfold, 839 F.2d 392, 395 (7th Cir.1988), treat what the actor should have known as equivalent to knowledge.
cited Cited as authority (rule) Illinois, Department of the Lottery v. Marchiando (In Re Marchiando)
N.D. Ill. · 1992 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) Frank James v. Milwaukee County and Franklin Lotter
7th Cir. · 1992 · confidence medium
See, e.g., McGill v. Duckworth, 944 F.2d 344, 347 (7th Cir.1991) (sexual assault); Steading v. Thompson, 941 F.2d 498, 500 (7th Cir.1991) (second-hand smoke), petition for cert. filed, — U.S.L.W.-(U.S. Dec. 9, 1991) (No. 90-2588); Wilks v. Young, 897 F.2d 896, 897-88 (7th Cir.1990) (inmate assaults); Santiago v. Lane, 894 F.2d 218, 221 (7th Cir.1990) (same); Goka v. Bobbitt, 862 F.2d 646, 651 (7th Cir.1988) (tool control policy); Richardson v. Penfold, 839 F.2d 392, 394-95 (7th Cir.1988) (sexual assaults); Walsh v. Mellas, 837 F.2d 789, 794 (7th Cir.), cert. denied, 486 U.S. 1061 , 108 S.Ct.…
discussed Cited as authority (rule) Hagan v. Clark
N.D. Ind. · 1991 · confidence medium
For examples of where deliberate indifference is shown, see McGill v. Duckworth, 944 F.2d 344 (7th Cir.1991), Salazar v. Chicago, 940 F.2d 233 (7th Cir.1991), Goka v. Bobbitt, 862 F.2d 646, 650 (7th Cir.1988), Richardson v. Penfold, 839 F.2d 392, 394-95 (7th Cir.1988).
discussed Cited as authority (rule) Herbert F. McGill Plaintiff-Appellee/cross-Appellant v. Jack R. Duckworth, Defendants-Appellants/cross-Appellees (2×)
7th Cir. · 1991 · confidence medium
E.g., Wilks v. Young, 897 F.2d 896 (7th Cir.1990); Richardson v. Penfold, 839 F.2d 392, 395 (7th Cir.1988). 11 Other cases in this circuit take a different approach.
cited Cited as authority (rule) Mott v. Indiana
N.D. Ind. · 1991 · confidence medium
See also Goka v. Bobbitt, 862 F.2d 646, 650 (7th Cir.1988); Richardson v. Penfold, 839 F.2d 392, 394-95 (7th Cir.1988).
cited Cited as authority (rule) McNeal v. MacHt
E.D. Wis. · 1991 · confidence medium
Richardson v. Penfold, 839 F.2d 392, 394-95 (7th Cir.1988).
discussed Cited as authority (rule) Colin Gelford v. Donald Clusen, Daniel Bertrand, David Norman, Jerome Tierney and Patrick McQuillan
7th Cir. · 1991 · confidence medium
Under the eighth amendment, "a prison official will be liable for failing to protect an inmate form attacks if that official acts with 'deliberate indifference.' " Wilks v. Young, 897 F.2d 896, 897-98 (7th Cir.1990) (quoting Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988)).
cited Cited as authority (rule) Bee v. Local 719, United Auto Workers
N.D. Ill. · 1990 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Hudak v. Jepsen of Illinois, Inc.
N.D. Ill. · 1990 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) Wilks v. Young
7th Cir. · 1990 · confidence medium
On the issue of direct liability, the court's jury instruction No. 2 stated: 4 In order to find that a defendant acted with reckless disregard or deliberate indifference to plaintiff's safety, you must find that plaintiff has proven that there was 1) a pervasive or substantial risk of harm to plaintiff James Wilks from attacks; 2) that the defendant knew of the substantial risk that violence would occur; and 3) that the defendant disregarded that risk or failed to take reasonable measures to protect the plaintiff James Wilks from the risk of attack (emphasis added). 5 Plaintiff argues that thi…
discussed Cited as authority (rule) Wilks v. Young
7th Cir. · 1990 · confidence medium
In Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988), this court reiterated its position under the Eighth Amendment that “a prison official will be liable for failing to protect an inmate from attacks if that official acts with ‘deliberate indifference.’ ” See also Estelle v. Gamble, 429 U.S. 97, 104-06 , 97 S.Ct. 285, 291-92 , 50 L.Ed.2d 251 (1976); Benson v. Cady, 761 F.2d 335, 339 (7th Cir.1985).
cited Cited as authority (rule) Jose Santiago, Cross-Appellee v. Michael P. Lane, Cross-Appellants
7th Cir. · 1990 · confidence medium
Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Otto v. Variable Annuity Life Insurance
N.D. Ill. · 1990 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Magnuson v. City of Hickory Hills
N.D. Ill. · 1990 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988). 1.
cited Cited as authority (rule) Commercial Life Insurance v. Lone Star Life Insurance
N.D. Ill. · 1989 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Continental Illinois Corp. v. United States
N.D. Ill. · 1989 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) DeSouto v. Cooke
E.D. Wis. · 1989 · confidence medium
Mr. DeSouto’s complaint must be construed liberally, Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
discussed Cited as authority (rule) McGill v. Duckworth
N.D. Ind. · 1989 · confidence medium
In Richardson v. Penfold, 839 F.2d 392, 394-395 (7th Cir.1988), the court articulated the standards as follows: The “reigning” law in this circuit under the eighth amendment states that a prison official will be liable for failing to protect an inmate from attacks if that official acts with “deliberate indifference.” Duckworth v. Franzen ...
cited Cited as authority (rule) Perera v. Flexonics, Inc.
N.D. Ill. · 1989 · confidence medium
Anderson v. Liberty Lobby, Inc., Wit U.S. 242, 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Parr v. Triplett Corp.
N.D. Ill. · 1989 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Moore v. A.E. Staley Manufacturing Co.
N.D. Ill. · 1989 · confidence medium
Anderson v. Liberty Lobby, Inc., 106 S.Ct. 2505, 2513 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Roman Ex Rel. Roman v. General Motors Corp.
N.D. Ill. · 1989 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 ; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).
cited Cited as authority (rule) Continental Waste System, Inc. v. Zoso Partners
N.D. Ill. · 1989 · confidence medium
Anderson v. Liberty Lobby, Inc. 477 U.S. 242, 106 S.Ct. 2505, 2513 , 91 L.Ed.2d 202 (1986); Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988). *1146 III.
Retrieving the full opinion text from the archive…
Edward L. RICHARDSON, Plaintiff-Appellant,
v.
Chuck PENFOLD and Edward Dyer, Defendants-Appellees
87-1177.
Court of Appeals for the Seventh Circuit.
Mar 29, 1988.
839 F.2d 392
Candice Lichtenfels Addis, South Bend, Ind., for plaintiff-appellant., David L. Steiner, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellees.
Bauer, Ripple, Will.
Cited by 91 opinions  |  Published
BAUER, Chief Judge.

The appellant, Edward L. Richardson, is an inmate at the Indiana State Prison, Michigan City, Indiana. He appeals from the district court’s summary judgment for the appellee, 650 F.Supp. 810, Edward Dyer, a prison official, on Richardson’s Section 1983 claim, which charges Dyer with failing to protect him from sexual assaults by fellow inmates. We reverse. [1]

According to Richardson’s complaint, he received threats and verbal assaults from other inmates on January 9 or 10, 1983. He claims that he notified Dyer of these threats. Dyer, a sergeant, was in charge of the 8 a.m. to 4 p.m. shift on the A & O Unit where Richardson resides. On January 11, 1983, Richardson began working as a porter on another unit, the IDU Lock-Up Unit, which allowed him out of his cell from 5 a.m. to 7 p.m. Leon Birch, an inmate porter on the A & 0 Unit, approached Richardson’s cell and allegedly demanded that Richardson have sex with him. Birch also threatened to kill Richardson if he reported the rape. Later that same day, along with fellow inmates Alvin Staggers and Roderick Gilliam, Birch attacked Richardson in his cell, forcing him to have sex with Birch. No prison officials were present. Richardson sustained cuts and bruises on his lips, ribs and arms. On January 12 or 13, Richardson told Dyer about the rape but did not reveal his attackers’ identities for fear of retaliation. According to Richardson, Dyer told him there was nothing Dyer could do if Richardson did not reveal the names of his attackers. Richardson also alleges that he told Dyer that he did not want to leave his cell for any reason whatsoever. Richard[*394] son, however, continued to work as a porter. [2]

On January 19, Richardson repeated his wish to remain in his cell. As Dyer came by Richardson’s cell to allow him out during the recreation period, Staggers and Birch were standing by Richardson’s cell and asked Dyer to let them into the cell to retrieve some of their property which they claimed was in his cell. Richardson protested and followed Dyer down the stairs, pleading with him to take him out of the cellblock so that he would not be left alone with Birch and Staggers. Dyer refused, and left the unit, leaving Richardson behind. Staggers then forced Richardson back into his cell where Birch raped Richardson again. [3]

On January 21, Birch told Richardson that he had “sold” him to Roderick Gilliam, another inmate, for $100.00. That evening, Staggers attacked Richardson and shoved him into Gilliam’s cell where Gilliam raped him. Officer Seiffers, a prison official, had arrived at the end of this incident and offered to help Richardson. Eventually, as a result of Seiffers’s intervention, prison authorities disciplined Gilliam and Birch. [4]

On October 12, 1983, Richardson, acting pro se, filed this action under 42 U.S.C. § 1983. He alleges that Dyer violated his constitutional rights by failing to protect him from sexual assaults by other inmates. Construing Richardson’s complaint liberally, Caldwell v. Miller, 790 F.2d 589, 595 (7th Cir.1986), it appears to allege violations of his eighth and fourteenth amendment rights. [5] Specifically, Richardson alleges that Dyer acted with “deliberate indifference” toward him by failing to protect him from assault. On October 17, 1986, the defendants filed a motion for summary judgment, which included the affidavits of both defendants. In support of his opposition to Dyer’s motion for summary judgment, Richardson filed an affidavit by inmate Staggers which stated that Birch and Gilliam “had an arrangement with sarge[a]nt Dyer the Officer in Charge of the A & O Unit to let them have sex [with] any new kid they wanted to have sex with in return for information of contraband on the Unit,” and that Chuck Penfold, another prison official, knew and agreed with this policy. The district court granted Dyer’s motion for summary judgment.

To prevail on a motion for summary judgment, the moving party must demonstrate the absence of a genuine issue of material fact and that judgment as a matter of law should be granted in the moving party’s favor. FED.R.CIV.PRO. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Herman v. National Broadcasting Co., 744 F.2d 604, 607 (7th Cir.1984), cert. denied, 470 U.S. 1028, 105 S.Ct. 1393, 84 L.Ed.2d 782 (1985). In determining whether a genuine issue of material fact exists, the court must construe the facts alleged in the light most favorable to the party opposing the motion for summary judgment. Id. Upon review of a summary judgment, we must consider the entire record in the same light. Cedillo v. International Assoc. of Bridge & Iron Workers, 603 F.2d 7, 11 (7th Cir.1979). We do not believe that Dyer has met his burden. Richardson has made “a sufficient showing” on the essential elements of his case, Celotex, 106 S.Ct. at 2553, to demonstrate genuine issues of material fact that must be heard before a court can fairly resolve this case.

The “reigning” law in this circuit under the eighth amendment states that a prison official will be liable for failing to protect an inmate from attacks if that official acts with “deliberate indifference.”[*395] Duckworth v. Franzen, 780 F.2d 645, 652 (7th Cir.1985), cert. denied, - U.S.-, 107 S.Ct. 71, 93 L.Ed.2d 28 (1986); Walsh v. Brewer, 733 F.2d 473, 476 (7th Cir.1984). Similarly, a prison official who acts with “deliberate or callous indifference” toward inmates violates the due process clause of the fourteenth amendment. Anderson v. Gutschenritter, 836 F.2d 346 (7th Cir.1988); Shelby County Jail Inmates v. Westlake, 798 F.2d 1085, 1094 (7th Cir.1986). A plaintiff can show “deliberate indifference” by proving that the prison official acted with actual intent or recklessness. Little v. Walker, 552 F.2d 193, 197 n. 8 (7th Cir.1977), cert. denied, 435 U.S. 932, 98 S.Ct. 1507, 55 L.Ed.2d 530 (1978). “A defendant acts recklessly when he disregards a substantial risk of danger that either is known to him or would be apparent to a reasonable person in his position.” Benson v. Cady, 761 F.2d 335, 339 (7th Cir.1985).

The district court concluded that Dyer’s conduct did not constitute “deliberate indifference” and granted Dyer’s motion for summary judgment. The district court noted that although the parties’ affidavits “indicate [a] disagreement which appears to be somewhat compounded by the Alvin Staggers affidavit,” Dyer could not have acted with “deliberate indifference” when he allowed Staggers and Birch into Richardson’s cell on January 19 because Richardson did not reveal the names of his attackers to Dyer.

In so ruling, the district court relied primarily on the Supreme Court’s recent decision in Davidson v. Cannon, 474 U.S. 344, 106 S.Ct. 668, 88 L.Ed.2d 677 (1986). In that case, a threatened inmate, Davidson, gave a note to a prison official describing a threat by another inmate and identified that inmate. The prison official read the note and sent it to another official, who neither read it nor notified others about it. Two days later, the named inmate beat and injured Davidson when both prison officials were off duty. On appeal, Davidson claimed that the prison officials “negligently failed to protect him from another inmate” in violation of the due process clause of the fourteenth amendment. Davidson, 474 U.S. at 347, 106 S.Ct. at 670. The Supreme Court held that negligent conduct of a prison official which causes an unintended injury to a prisoner does not implicate the due process clause of the fourteenth amendment. Id. See, also, Daniels v. Williams, 474 U.S. 327,106 S.Ct. 662, 88 L.Ed.2d 662 (1986).

Relying on Davidson, the district court found that Dyer did not act with “deliberate indifference.” The district court reasoned that the conduct alleged in Davidson “is considerably more egregious than that shown by the record in this case” because Davidson identified his attacker to the prison officials, and the Supreme Court did not find a constitutional violation in Davidson. This conclusion, however, demonstrates a fundamental misunderstanding of the Court’s opinion in Davidson. In Davidson, the only allegation before the Court on review was whether the prison official’s negligent conduct violated Davidson’s fourteenth amendment rights. Davidson, 474 U.S. at 346-47, 106 S.Ct. at 699-70. In fact, Davidson did not challenge the district court’s finding that the prison officials “did not act with deliberate or callous indifference” towards Davidson. Id. at 347, 106 S.Ct. at 670. Thus, the Supreme Court never had occasion to consider whether the prison official’s conduct was anything but negligent and the district court’s reliance on Davidson for its decision was misplaced. [6]

The district court also failed to consider adequately Staggers’s affidavit. The district court apparently thought the allegation contained in Staggers’s affidavit was not material because it did not refute the “critical” fact that Richardson refused to reveal names. Although this may be true, Staggers’s affidavit certainly raises a genuine issue of material fact on an essential[*396] element of Richardson’s case: Dyer’s state of mind. If Staggers’s testimony is true, a jury could permissibly infer that Dyer knew that Birch was raping inmates, including Richardson, but deliberately chose to ignore this in exchange for information on contraband.

The importance of Staggers’s affidavit is even more obvious in light of Richardson’s allegations that, within a span of 10-11 days, other inmates assaulted and raped him three times, and that he sought help from Dyer four times, including a plea to Dyer on January 19 not to leave him alone with Birch and Staggers. Because the affidavit, if credible, reveals that Dyer knew that Birch and Gilliam raped others, it creates a strong inference that Dyer should have known that Richardson had reason to fear Birch and Gilliam. Thus, no “critical” question of whether Richardson actually revealed names of his attackers to Dyer exists. According to Staggers’s affidavit, Dyer did know that Birch and Gilliam raped inmates. Even if Dyer could not reasonably know that Birch raped Richardson the first time, a jury could reasonably conclude that he deliberately chose to allow Birch into Richardson’s cell after Richardson had already reported one rape and begged Dyer to protect him from another. Based on Staggers’s and Richardson’s allegations, a jury could have reasonably found that Dyer had shown indifference to the rapes of Richardson or a willingness to allow the attacks after learning of a strong likelihood that Richardson would be raped. Gutschenritter, 836 F.2d 346.

Considering the evidence in the light most favorable to Richardson, we conclude that the record discloses a genuine issue of material fact regarding Dyer’s knowledge of the danger to Richardson. We therefore reverse the district court and remand for further consideration in light of our decision.

1

. In his original complaint, Richardson named Chuck Penfold, another prison official, as a co-defendant and alleged other constitutional violations under the first and fourteenth amendments. Richardson does not appeal the district court’s resolution of these issues and we therefore do not address them.

2

. The record is unclear as to whether Richardson voluntarily continued to work as a porter.

3

. Dyer denies that any of these events occurred. For purposes of summary judgment, however, we must accept Richardson’s allegations as true.

4

. Again, the record is unclear, but Richardson claims that Gilliam and Birch were "locked up" for a few hours before the prison officials released them and returned them to their former porter jobs.

5

.In fact, Richardson’s eighth amendment claim actually falls under the fourteenth amendment as well through the doctrine of incorporation. See, e.g., Lewis El v. O’Leary, 631 F.Supp. 60, 61 n. 2 (N.D.Ill.1986).

6

. Despite this inappropriate comparison to Davidson, we do note that in Davidson, the inmate’s letter to the prison authorities was reasonably understood more as an effort to protect his reputation rather than a plea for help as is the case here. Davidson, 474 U.S. at 346, 106 S.Ct. at 669-70.