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VALLARIO v. VANDEHEY

No. 08-502.

554 F.3d 1259 (2009)

Lou VALLARIO, Sheriff of Garfield County, Colorado, in his official capacity; Scott Dawson, a Commander in the Garfield County Sheriff's Department, in his official capacity, Petitioners, v. Clarence VANDEHEY; William Langley; Samuel Lincoln; Jared Hogue, on behalf of themselves and all others similarly situated, Respondents.

United States Court of Appeals, Tenth Circuit.

February 4, 2009.

Attorney(s) appearing for the Case

Josh A. Marks (Melanie B. Lewis and Kim A. Tomey with him on the briefs), Berg Hill Greenleaf & Ruscitti LLP, Boulder, CO, for Petitioners.

Mark Silverstein (Taylor S. Pendergrass, American Civil Liberties Union Foundation of Colorado, J. Gregory Whitehair, Taggart Hansen, and Marisa B. Hudson-Arney, Gibson Dunn & Crutcher LLP, with him on the briefs), American Civil Liberties Union of Colorado, Denver, CO, for Respondents.

Before KELLY, BALDOCK, and O'BRIEN, Circuit Judges.

BALDOCK, Circuit Judge.

The Eighth Amendment, as incorporated against the states through the Fourteenth Amendment, precludes state prison officials from "knowingly and unreasonably disregarding an objectively intolerable risk of harm" to inmate health or safety. See Farmer v. Brennan, 511 U.S. 825, 846, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Respondents, four prior inmates, contend they were exposed to, among other things, such...

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