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Fourth Circuit Discusses Standard of Review in Prisoner Assault Cases
Prisoner assault cases are governed by a deliberate indifference standard
and not a negligence standard, and the two standards are not the same
thing. The question is whether the warden acted "obdurately or wantonly."
In making the last statement, the court quotes Whitley v. Albers but
ignores Whitley's holding that, ...
and not a negligence standard, and the two standards are not the same
thing. The question is whether the warden acted "obdurately or wantonly."
In making the last statement, the court quotes Whitley v. Albers but
ignores Whitley's holding that, ...
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