Estate of Roemer v. Johnson

Allegation: Soon-to-be-released inmate at Sterling, Colo. prison fears his cellmate will kill him, asks for cell reassignment. The request is denied; 10 days later the cellmate murders the inmate. The inmate’s estate sues prison officials just shy of two years after the murder. District court: Ah, but the deadline to sue started running when the cell transfer request was denied, so the suit was filed a few days too late. Tenth Circuit: That might not be true for all the defendants.

Tags: 2019, Deliberate Indifference, Eighth Amendment, Statute of Limitations, Tenth Circuit

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