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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 92-7247
- --------
- DEE FARMER, PETITIONER v. EDWARD
- BRENNAN, WARDEN, et al.
- on writ of certiorari to the united states court
- of appeals for the seventh circuit
- [June 6, 1994]
-
- Justice Souter delivered the opinion of the Court.
- A prison official's -deliberate indifference- to a sub-
- stantial risk of serious harm to an inmate violates the
- Eighth Amendment. See Helling v. McKinney 509 U. S.
- __ (1993); Wilson v. Seiter, 501 U. S. 294 (1991); Estelle
- v. Gamble, 429 U. S. 97 (1976). This case requires us
- to define the term -deliberate indifference,- as we do by
- requiring a showing that the official was subjectively
- aware of the risk.
- I
- The dispute before us stems from a civil suit brought
- by petitioner, Dee Farmer, alleging that respondents,
- federal prison officials, violated the Eighth Amendment
- by their deliberate indifference to petitioner's safety.
- Petitioner, who is serving a federal sentence for credit
- card fraud, has been diagnosed by medical personnel of
- the Bureau of Prisons as a transsexual, one who has -[a]
- rare psychiatric disorder in which a person feels persis-
- tently uncomfortable about his or her anatomical sex,-
- and who typically seeks medical treatment, including
- hormonal therapy and surgery, to bring about a perma-
- nent sex change. American Medical Association, Ency-
- clopedia of Medicine 1006 (1989); see also American
- Psychiatric Association, Diagnostic and Statistical
-
- Manual of Mental Disorders 74-75 (3d rev. ed. 1987).
- For several years before being convicted and sentenced
- in 1986 at the age of 18, petitioner, who is biologically
- male, wore women's clothing (as petitioner did at the
- 1986 trial), underwent estrogen therapy, received silicone
- breast implants, and submitted to unsuccessful -black
- market- testicle-removal surgery. See Farmer v. Haas,
- 990 F. 2d 319, 320 (CA7 1993). Petitioner's precise
- appearance in prison is unclear from the record before
- us, but petitioner claims to have continued hormonal
- treatment while incarcerated by using drugs smuggled
- into prison, and apparently wears clothing in a feminine
- manner, as by displaying a shirt -off one shoulder,- App.
- 112. The parties agree that petitioner -projects feminine
- characteristics.- Id., at 51, 74.
- The practice of federal prison authorities is to incar-
- cerate preoperative transsexuals with prisoners of like
- biological sex, see Farmer v. Haas, supra, at 320, and
- over time authorities housed petitioner in several federal
- facilities, sometimes in the general male prison popula-
- tion but more often in segregation. While there is no
- dispute that petitioner was segregated at least several
- times because of violations of prison rules, neither is it
- disputed that in at least one penitentiary petitioner was
- segregated because of safety concerns. See Farmer v.
- Carlson, 685 F. Supp. 1335, 1342 (MD Pa. 1988).
- On March 9, 1989, petitioner was transferred for
- disciplinary reasons from the Federal Correctional
- Institute in Oxford, Wisconsin (FCI-Oxford), to the
- United States Penitentiary in Terre Haute, Indiana
- (USP-Terre Haute). Though the record before us is
- unclear about the security designations of the two
- prisons in 1989, penitentiaries are typically higher
- security facilities that house more troublesome prisoners
- than federal correctional institutes. See generally
- Federal Bureau of Prisons, Facilities 1990. After an
- initial stay in administrative segregation, petitioner was
- placed in the USP-Terre Haute general population.
- Petitioner voiced no objection to any prison official about
- the transfer to the penitentiary or to placement in its
- general population. Within two weeks, according to
- petitioner's allegations, petitioner was beaten and raped
- by another inmate in petitioner's cell. Several days
- later, after petitioner claims to have reported the
- incident, officials returned petitioner to segregation to
- await, according to respondents, a hearing about petitio-
- ner's HIV-positive status.
- Acting without counsel, petitioner then filed a Bivens
- complaint, alleging a violation of the Eighth Amend-
- ment. See Bivens v. Six Unknown Fed. Narcotics
- Agents, 403 U. S. 388 (1971); Carlson v. Green, 446
- U. S. 14 (1980). As defendants, petitioner named
- respondents: the warden of USP-Terre Haute and the
- Director of the Bureau of Prisons (sued only in their
- official capacities); the warden of FCI-Oxford and a case
- manager there; and the director of the Bureau of Prisons
- North Central Region Office and an official in that office
- (sued in their official and personal capacities). As later
- amended, the complaint alleged that respondents either
- transferred petitioner to USP-Terre Haute or placed
- petitioner in its general population despite knowledge
- that the penitentiary had a violent environment and a
- history of inmate assaults, and despite knowledge that
- petitioner, as a transsexual who -projects feminine
- characteristics,- would be particularly vulnerable to
- sexual attack by some USP-Terre Haute inmates. This
- allegedly amounted to a deliberately indifferent failure
- to protect petitioner's safety, and thus to a violation of
- petitioner's Eighth Amendment rights. Petitioner sought
- compensatory and punitive damages, and an injunction
- barring future confinement in any penitentiary, including
- USP-Terre Haute.
- Respondents filed a motion for summary judgment
- supported by several affidavits, to which petitioner
- responded with an opposing affidavit and a cross-motion
- for summary judgment; petitioner also invoked Federal
- Rule of Civil Procedure 56(f), asking the court to delay
- its ruling until respondents had complied with petitio-
- ner's pending request for production of documents.
- Respondents then moved for a protective order staying
- discovery until resolution of the issue of qualified
- immunity, raised in respondents' summary judgment
- motion.
- Without ruling on respondents' request to stay discov-
- ery, the District Court denied petitioner's Rule 56(f)
- motion and granted summary judgment to respondents,
- concluding that there had been no deliberate indifference
- to petitioner's safety. The failure of prison officials to
- prevent inmate assaults violates the Eighth Amendment,
- the court stated, only if prison officials were -reckless in
- a criminal sense,- meaning that they had -actual
- knowledge- of a potential danger. App. 124. Respon-
- dents, however, lacked the requisite knowledge, the
- court found. -[Petitioner] never expressed any concern
- for his safety to any of [respondents]. Since [respon-
- dents] had no knowledge of any potential danger to
- [petitioner], they were not deliberately indifferent to his
- safety.- Ibid.
- The United States Court of Appeals for the Seventh
- Circuit summarily affirmed without opinion. We granted
- certiorari, 510 U. S. __ (1993), because Courts of
- Appeals had adopted inconsistent tests for -deliberate
- indifference.- Compare, for example, McGill v. Duck-
- worth, 944 F. 2d 344, 348 (CA7 1991) (holding that
- -deliberate indifference- requires a -subjective standard
- of recklessness-), cert. denied, 503 U. S. __ (1992), with
- Young v. Quinlan, 960 F. 2d 351, 360-361 (CA3 1992)
- (-[A] prison official is deliberately indifferent when he
- knows or should have known of a sufficiently serious
- danger to an inmate-).
- II
- A
- The Constitution -does not mandate comfortable
- prisons,- Rhodes v. Chapman, 452 U. S. 337, 349 (1981),
- but neither does it permit inhumane ones, and it is now
- settled that -the treatment a prisoner receives in prison
- and the conditions under which he is confined are
- subject to scrutiny under the Eighth Amendment.-
- Helling, 509 U. S., at __ (slip op., at 5). In its prohibi-
- tion of -cruel and unusual punishments,- the Eighth
- Amendment places restraints on prison officials, who
- may not, for example, use excessive physical force
- against prisoners. See Hudson v. McMillian, 503 U. S.
- 1 (1992). The Amendment also imposes duties on these
- officials, who must provide humane conditions of
- confinement; prison officials must ensure that inmates
- receive adequate food, clothing, shelter and medical care,
- and must -take reasonable measures to guarantee the
- safety of the inmates,- Hudson v. Palmer, 468 U. S. 517,
- 526-527 (1984). See Helling, supra, at __ (slip op., at
- 5); Washington v. Harper, 494 U. S. 210, 225 (1990);
- Estelle, 429 U. S., at 103. Cf. DeShaney v. Winnebago
- County Dept. of Social Services, 489 U. S. 189, 198-199
- (1989).
- In particular, as the lower courts have uniformly held,
- and as we have assumed, -[p]rison officials have a duty
- . . . to protect prisoners from violence at the hands of
- other prisoners.- Cortes-Quinones v. Jimenez-Nettleship,
- 842 F. 2d 556, 558 (CA1) (internal quotation marks and
- citation omitted), cert. denied, 488 U. S. 823 (1988);
- see also Wilson v. Seiter, 501 U. S., at 303 (describing
- -the protection [an inmate] is afforded against other
- inmates- as a -conditio[n] of confinement- subject to the
- strictures of the Eighth Amendment). Having incarcer-
- ated -persons [with] demonstrated proclivit[ies] for
- antisocial criminal, and often violent, conduct,- Hudson
- v. Palmer, supra, at 526, having stripped them of
- virtually every means of self-protection and foreclosed
- their access to outside aid, the government and its
- officials are not free to let the state of nature take its
- course. Cf. DeShaney, supra, at 199-200; Estelle, supra,
- at 103-104. Prison conditions may be -restrictive and
- even harsh,- Rhodes, supra, at 347, but gratuitously
- allowing the beating or rape of one prisoner by another
- serves no -legitimate penological objectiv[e],- Hudson v.
- Palmer, supra, at 548 (Stevens, J., concurring in part
- and dissenting in part), any more than it squares with
- -`evolving standards of decency,'- Estelle, supra, at 102
- (quoting Trop v. Dulles, 356 U. S. 86, 101 (1958)
- (plurality opinion)). Being violently assaulted in prison
- is simply not -part of the penalty that criminal offenders
- pay for their offenses against society.- Rhodes, supra,
- at 347.
- 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. Our cases have held that a prison
- official violates the Eighth Amendment only when two
- requirements are met. First, the deprivation alleged
- must be, objectively, -sufficiently serious,- Wilson, supra,
- at 298; see also Hudson v. McMillian, supra, at __ (slip
- op., at 5); a prison official's act or omission must result
- in the denial of -the minimal civilized measure of life's
- necessities,- Rhodes, supra, at 347. For a claim (like
- the one here) based on a failure to prevent harm, the
- inmate must show that he is incarcerated under condi-
- tions posing a substantial risk of serious harm. See
- Helling, supra, at __ (slip op., at 8).
- The second requirement follows from the principle that
- -only the unnecessary and wanton infliction of pain
- implicates the Eighth Amendment.- Wilson, 501 U. S.,
- at 297 (internal quotation marks, emphasis and citations
- omitted). To violate the Cruel and Unusual Punish-
- ments Clause, a prison official must have a -sufficiently
- culpable state of mind.- Ibid.; see also id., at 302-303;
- Hudson v. McMillian, supra, at __ (slip op., at 5). In
- prison-conditions cases that state of mind is one of
- -deliberate indifference- to inmate health or safety,
- Wilson, supra, at 302-303; see also Helling, supra, at __
- (slip op., at 6-7); Hudson v. McMillian, supra, at ___
- (slip op., at 5); Estelle, supra, at 106, a standard the
- parties agree governs the claim in this case. The
- parties disagree, however, on the proper test for deliber-
- ate indifference, which we must therefore undertake to
- define.
- B
- 1
- Although we have never paused to explain the mean-
- ing of the term -deliberate indifference,- the case law is
- instructive. The term first appeared in the United
- States Reports in Estelle v. Gamble, 429 U. S., at 104,
- and its use there shows that deliberate indifference
- describes a state of mind more blameworthy than
- negligence. In considering the inmate's claim in Estelle
- that inadequate prison medical care violated the Cruel
- and Unusual Punishments Clause, we distinguished
- -deliberate indifference to serious medical needs of
- prisoners,- ibid., from -negligen[ce] in diagnosing or
- treating a medical condition,- id., at 106, holding that
- only the former violates the Clause. We have since read
- Estelle for the proposition that Eighth Amendment
- liability requires -more than ordinary lack of due care
- for the prisoner's interests or safety.- Whitley v. Albers,
- 475 U. S. 312, 319 (1986).
- While Estelle establishes that deliberate indifference
- entails something more than mere negligence, the cases
- are also clear that it is satisfied by something less than
- acts or omissions for the very purpose of causing harm
- or with knowledge that harm will result. That point
- underlies the ruling that -application of the deliberate
- indifference standard is inappropriate- in one class of
- prison cases: when -officials stand accused of using
- excessive physical force.- Hudson v. McMillian, 503
- U. S., at __ (slipop., at 3-4); see also Whitley, supra,
- 320. In such situations, where the decisions of prison
- officials are typically made -`in haste, under pressure,
- and frequently without the luxury of a second chance,'-
- Hudson v. McMillian, supra, at __ (slip op., at 3)
- (quoting Whitley, supra, at 320), an Eighth Amendment
- claimant must show more than -indifference,- deliberate
- or otherwise. The claimant must show that officials
- applied force -maliciously and sadistically for the very
- purpose of causing harm,- 503 U. S., at __ (internal
- quotation marks and citations omitted), or, as the Court
- also put it, that officials used force with -a knowing
- willingness that [harm] occur,- 503 U. S., at __ (slip op.,
- at 5) (internal quotation marks and citation omitted).
- This standard of purposeful or knowing conduct is not,
- however, necessary to satisfy the mens rea requirement
- of deliberate indifference for claims challenging condi-
- tions of confinement; -the very high state of mind
- prescribed by Whitley does not apply to prison conditions
- cases.- Wilson, supra, at 302-303.
- With deliberate indifference lying somewhere between
- the poles of negligence at one end and purpose or
- knowledge at the other, the Courts of Appeals have
- routinely equated deliberate indifference with reckless-
- ness. See, e.g., LaMarca v. Turner, 995 F. 2d 1526,
- 1535 (CA11 1993); Manarite v. Springfield, 957 F. 2d
- 953, 957 (CA1); Redman v. County of San Diego, 942 F.
- 2d 1435, 1443 (CA9 1991); McGill v. Duckworth, 944 F.
- 2d, at 347; Miltier v. Beorn, 896 F. 2d 848, 851-852
- (CA4 1990); Martin v. White, 742 F. 2d 469, 474 (CA8
- 1984); see also Springfield v. Kibbe, 480 U. S. 257, 269
- (1987) (O'Connor, J., dissenting). It is, indeed, fair to
- say that acting or failing to act with deliberate indiffer-
- ence to a substantial risk of serious harm to a prisoner
- is the equivalent of recklessly disregarding that risk.
- That does not, however, fully answer the pending
- question about the level of culpability deliberate indiffer-
- ence entails, for the term recklessness is not self-
- defining. The civil law generally calls a person reckless
- who acts or (if the person has a duty to act) fails to act
- in the face of an unjustifiably high risk of harm that is
- either known or so obvious that it should be known.
- See Prosser and Keeton 34, pp. 213-214; Restatement
- (Second) of Torts 500 (1965). The criminal law, how-
- ever, generally permits a finding of recklessness only
- when a person disregards a risk of harm of which he is
- aware. See R. Perkins & R. Boyce, Criminal Law
- 850-851 (3d ed. 1982); J. Hall, General Principles of
- Criminal Law 115-116, 120, 128 (2d ed. 1960) (hereinaf-
- ter Hall); American Law Institute, Model Penal Code
- 2.02(2)(c), and Comment 3 (1985); but see Common-
- wealth v. Pierce, 138 Mass. 165, 175-178 (1884) (Holmes,
- J.) (adopting an objective approach to criminal reckless-
- ness). The standards proposed by the parties in this
- case track the two approaches (though the parties do not
- put it that way): petitioner asks us to define deliberate
- indifference as what we have called civil-law reckless-
- ness, and respondents urge us to adopt an approach
- consistent with recklessness in the criminal law.
- We reject petitioner's invitation to adopt an objective
- test for deliberate indifference. We hold instead that a
- prison official cannot be found liable under the Eighth
- Amendment for denying an inmate humane conditions of
- confinement unless the official knows of and disregards
- an excessive risk to inmate health or safety; the official
- must both be aware of facts from which the inference
- could be drawn that a substantial risk of serious harm
- exists, and he must also draw the inference. This
- approach comports best with the text of the Amendment
- as our cases have interpreted it. The Eighth Amend-
- ment does not outlaw cruel and unusual -conditions-; it
- outlaws cruel and unusual -punishments.- An act or
- omission unaccompanied by knowledge of a significant
- risk of harm might well be something society wishes to
- discourage, and if harm does result society might well
- wish to assure compensation. The common law reflects
- such concerns when it imposes tort liability on a purely
- objective basis. See Prosser and Keeton 2, 34, pp. 6,
- 213-214; see also Federal Tort Claims Act, 28 U. S. C.
- 2671-2680; United States v. Muniz, 374 U. S. 150
- (1963). But an official's failure to alleviate a significant
- risk that he should have perceived but did not, while no
- cause for commendation, cannot under our cases be con-
- demned as the infliction of punishment.
- In Wilson v. Seiter, we rejected a reading of the
- Eighth Amendment that would allow liability to be
- imposed on prison officials solely because of the presence
- of objectively inhumane prison conditions. See 501
- U. S., at 299-302. As we explained there, our -cases
- mandate inquiry into a prison official's state of mind
- when it is claimed that the official has inflicted cruel
- and unusual punishment.- Id., at 299. Although -state
- of mind,- like -intent,- is an ambiguous term that can
- encompass objectively defined levels of blameworthiness,
- see 1 W. LaFave & A. Scott, Substantive Criminal Law
- 3.4, 3.5, pp. 296-300, 313-314 (1986) (hereinafter
- LaFave & Scott); United States v. Bailey, 444 U. S. 394,
- 404 (1980), it was no accident that we said in Wilson
- and repeated in later cases that Eighth Amendment
- suits against prison officials must satisfy a -subjective-
- requirement. See Wilson, supra, at 298; see also
- Helling, 509 U. S., at __ (slip op., at 9); Hudson v.
- McMillian, 503 U. S., at __ (slip op., at 4-5). It is true,
- as petitioner points out, that Wilson cited with approval
- Court of Appeals decisions applying an objective test for
- deliberate indifference to claims based on prison officials'
- failure to prevent inmate assaults. See 501 U. S., at
- 303 (citing Cortes-Quinones v. Jimenez-Nettleship, 842 F.
- 2d, at 560; and Morgan v. District of Columbia, 824 F.
- 2d 1049, 1057-1058 (CADC 1987)). But Wilson cited
- those cases for the proposition that the deliberate-
- indifference standard applies to all prison-conditions
- claims, not to undo its holding that the Eighth Amend-
- ment has a -subjective component.- 501 U. S., at 298.
- Petitioner's purely objective test for deliberate indiffer-
- ence is simply incompatible with Wilson's holding.
- To be sure, the reasons for focussing on what a defen-
- dant's mental attitude actually was (or is), rather than
- what it should have been (or should be), differ in the
- Eighth Amendment context from that of the criminal
- law. Here, a subjective approach isolates those who
- inflict punishment; there, it isolates those against whom
- punishment should be inflicted. But the result is the
- same: to act recklessly in either setting a person must
- -consciously disregar[d]- a substantial risk of serious
- harm. Model Penal Code, supra, 2.02(2)(c).
- At oral argument, the Deputy Solicitor General
- advised against frank adoption of a criminal-law mens
- rea requirement, contending that it could encourage
- triers of fact to find Eighth Amendment liability only if
- they concluded that prison officials acted like criminals.
- See Tr. of Oral Arg. 39-40. We think this concern is
- misdirected. Bivens actions against federal prison
- officials (and their 1983 counterparts against state
- officials) are civil in character, and a court should no
- more allude to the criminal law when enforcing the
- Cruel and Unusual Punishments Clause than when
- applying the Free Speech and Press Clauses, where we
- have also adopted a subjective approach to recklessness.
- See Harte-Hanks Communications, Inc. v. Connaughton,
- 491 U. S. 657, 688 (1989) (holding that the standard for
- -reckless disregard- for the truth in a defamation action
- by a public figure -is a subjective one,- requiring that
- -the defendant in fact entertained serious doubts as to
- the truth of his publication,- or that -the defendant
- actually had a high degree of awareness of . . . probable
- falsity-) (internal quotation marks and citations omit-
- ted). That said, subjective recklessness as used in the
- criminal law is a familiar and workable standard that is
- consistent with the Cruel and Unusual Punishments
- Clause as interpreted in our cases, and we adopt it as
- the test for -deliberate indifference- under the Eighth
- Amendment.
- 2
- Our decision that Eighth Amendment liability requires
- consciousness of a risk is thus based on the Constitution
- and our cases, not merely on a parsing of the phrase
- -deliberate indifference.- And we do not reject petition-
- er's arguments for a thoroughly objective approach to
- deliberate indifference without recognizing that on the
- crucial point (whether a prison official must know of a
- risk, or whether it suffices that he should know) the
- term does not speak with certainty. Use of -deliberate,-
- for example, arguably requires nothing more than an act
- (or omission) of indifference to a serious risk that is
- voluntary, not accidental. Cf. Estelle, 429 U. S., at 105
- (distinguishing -deliberate indifference- from -accident-
- or -inadverten[ce]-). And even if -deliberate- is better
- read as implying knowledge of a risk, the concept of
- constructive knowledge is familiar enough that the term
- -deliberate indifference- would not, of its own force,
- preclude a scheme that conclusively presumed awareness
- from a risk's obviousness.
- Because -deliberate indifference- is a judicial gloss,
- appearing neither in the Constitution nor in a statute,
- we could not accept petitioner's argument that the test
- for -deliberate indifference- described in Canton v.
- Harris, 489 U. S. 378 (1989), must necessarily govern
- here. In Canton, interpreting 42 U. S. C. 1983, we
- held that a municipality can be liable for failure to train
- its employees when the municipality's failure shows -a
- deliberate indifference to the rights of its inhabitants.-
- 489 U. S., at 389 (internal quotation marks omitted). In
- speaking to the meaning of the term, we said that -it
- may happen that in light of the duties assigned to
- specific officers or employees the need for more or
- different training is so obvious, and the inadequacy so
- likely to result in the violation of constitutional rights,
- that the policymakers of the city can reasonably be said
- to have been deliberately indifferent to the need.- Id.,
- at 390; see also id., at 390, n. 10 (elaborating). Justice
- O'Connor's separate opinion for three Justices agreed
- with the Court's -obvious[ness]- test and observed that
- liability is appropriate when policymakers are -on actual
- or constructive notice- of the need to train, id., at 396
- (opinion concurring in part and dissenting in part). It
- would be hard to describe the Canton understanding of
- deliberate indifference, permitting liability to be pre-
- mised on obviousness or constructive notice, as anything
- but objective.
- Canton's objective standard, however, is not an
- appropriate test for determining the liability of prison
- officials under the Eighth Amendment as interpreted in
- our cases. Section 1983, which merely provides a cause
- of action, -contains no state-of-mind requirement inde-
- pendent of that necessary to state a violation of the
- underlying constitutional right.- Daniels v. Williams,
- 474 U. S. 327, 330 (1986). And while deliberate indiffer-
- ence serves under the Eighth Amendment to ensure that
- only inflictions of punishment carry liability, see Wilson,
- 501 U. S., at 299-300, the -term was used in the
- Canton case for the quite different purpose of identifying
- the threshold for holding a city responsible for the
- constitutional torts committed by its inadequately
- trained agents,- Collins v. Harker Heights, 503 U. S. __,
- __ (1992), a purpose the Canton Court found satisfied by
- a test permitting liability when a municipality disre-
- gards -obvious- needs. Needless to say, moreover,
- considerable conceptual difficulty would attend any
- search for the subjective state of mind of a governmental
- entity, as distinct from that of a governmental official.
- For these reasons, we cannot accept petitioner's argu-
- ment that Canton compels the conclusion here that a
- prison official who was unaware of a substantial risk of
- harm to an inmate may nevertheless be held liable
- under the Eighth Amendment if the risk was obvious
- and a reasonable prison official would have noticed it.
- We are no more persuaded by petitioner's argument
- that, without an objective test for deliberate indifference,
- prison officials will be free to ignore obvious dangers to
- inmates. Under the test we adopt today, an Eighth
- Amendment claimant need not show that a prison
- official acted or failed to act believing that harm
- actually would befall an inmate; it is enough that the
- official acted or failed to act despite his knowledge of a
- substantial risk of serious harm. Cf. 1 C. Torcia,
- Wharton's Criminal Law 27, p. 141 (14th ed. 1978);
- Hall 115. We doubt that a subjective approach will
- present prison officials with any serious motivation -to
- take refuge in the zone between `ignorance of obvious
- risks' and `actual knowledge of risks.'- Brief for Peti-
- tioner 27. Whether a prison official had the requisite
- knowledge of a substantial risk is a question of fact
- subject to demonstration in the usual ways, including
- inference from circumstantial evidence, cf. Hall 118
- (cautioning against -confusing a mental state with the
- proof of its existence-), and a factfinder may conclude
- that a prison official knew of a substantial risk from the
- very fact that the risk was obvious. Cf. LaFave & Scott
- 3.7, p. 335 (-[I]f the risk is obvious, so that a reason-
- able man would realize it, we might well infer that [the
- defendant] did in fact realize it; but the inference cannot
- be conclusive, for we know that people are not always
- conscious of what reasonable people would be conscious
- of-). For example, if an Eighth Amendment plaintiff
- presents evidence showing that a substantial risk of
- inmate attacks was -longstanding, pervasive, well-
- documented, or expressly noted by prison officials in the
- past, and the circumstances suggest that the defendant-
- official being sued had been exposed to information
- concerning the risk and thus `must have known' about
- it, then such evidence could be sufficient to permit a
- trier of fact to find that the defendant-official had actual
- knowledge of the risk.- Brief for Respondents 22.
- Nor may a prison official escape liability for deliberate
- indifference by showing that, while he was aware of an
- obvious, substantial risk to inmate safety, he did not
- know that the complainant was especially likely to be
- assaulted by the specific prisoner who eventually
- committed the assault. The question under the Eighth
- Amendment is whether prison officials, acting with
- deliberate indifference, exposed a prisoner to a suffi-
- ciently substantial -risk of serious damage to his future
- health,- Helling, 509 U. S., at __ (slip op., at 9), and it
- does not matter whether the risk comes from a single
- source or multiple sources, any more than it matters
- whether a prisoner faces an excessive risk of attack for
- reasons personal to him or because all prisoners in his
- situation face such a risk. See Brief for Respondents 15
- (stating that a prisoner can establish exposure to a
- sufficiently serious risk of harm -by showing that he
- belongs to an identifiable group of prisoners who are
- frequently singled out for violent attack by other
- inmates-). If, for example, prison officials were aware
- that inmate -rape was so common and uncontrolled that
- some potential victims dared not sleep [but] instead . . .
- would leave their beds and spend the night clinging to
- the bars nearest the guards' station,- Hutto v. Finney,
- 437 U. S., 678, 681-682 n. 3 (1978), it would obviously
- be irrelevant to liability that the officials could not
- guess beforehand precisely who would attack whom. Cf.
- Helling, supra, at __ (slip op., at 6-7) (observing that
- the Eighth Amendment requires a remedy for exposure
- of inmates to -infectious maladies- such as hepatitis and
- venereal disease -even though the possible infection
- might not affect all of those exposed-); Commonwealth v.
- Welansky, 316 Mass. 383, 55 N. E. 2d 902 (1944)
- (affirming conviction for manslaughter under a law
- requiring reckless or wanton conduct of a nightclub
- owner who failed to protect patrons from a fire, even
- though the owner did not know in advance who would
- light the match that ignited the fire or which patrons
- would lose their lives); State v. Julius, 185 W. Va. 422,
- 431-432, 408 S. E. 2d 1, 10-11 (1991) (holding that a
- defendant may be held criminally liable for injury to an
- unanticipated victim).
- Because, however, prison officials who lacked knowl-
- edge of a risk cannot be said to have inflicted punish-
- ment, it remains open to the officials to prove that they
- were unaware even of an obvious risk to inmate health
- or safety. That a trier of fact may infer knowledge from
- the obvious, in other words, does not mean that it must
- do so. Prison officials charged with deliberate indiffer-
- ence might show, for example, that they did not know of
- the underlying facts indicating a sufficiently substantial
- danger and that they were therefore unaware of a
- danger, or that they knew the underlying facts but
- believed (albeit unsoundly) that the risk to which the
- facts gave rise was insubstantial or nonexistent.
- In addition, prison officials who actually knew of a
- substantial risk to inmate health or safety may be found
- free from liability if they responded reasonably to the
- risk, even if the harm ultimately was not averted. A
- prison official's duty under the Eighth Amendment is to
- ensure -reasonable safety,- Helling, supra, at __ (slip
- op., at 7); see also Washington v. Harper, 494 U. S., at
- 225; Hudson v. Palmer, 468 U. S., at 526-527, a
- standard that incorporates due regard for prison officials'
- -unenviable task of keeping dangerous men in safe
- custody under humane conditions.- Spain v. Procunier,
- 600 F. 2d 189, 193 (CA9 1979) (Kennedy, J.); see also
- Bell v. Wolfish, 441 U. S. 520, 547-548, 562 (1979).
- Whether one puts it in terms of duty or deliberate
- indifference, prison officials who act reasonably cannot
- be found liable under the Cruel and Unusual Punish-
- ments Clause.
- We address, finally, petitioner's argument that a
- subjective deliberate indifference test will unjustly
- require prisoners to suffer physical injury before obtain-
- ing court-ordered correction of objectively inhumane
- prison conditions. -It would,- indeed, -be odd to deny an
- injunction to inmates who plainly proved an unsafe, life-
- threatening condition in their prison on the ground that
- nothing yet had happened to them.- Helling, 509 U. S.,
- at __. But nothing in the test we adopt today clashes
- with that common sense. Petitioner's argument is
- flawed for the simple reason that -[o]ne does not have
- to await the consummation of threatened injury to
- obtain preventive relief.- Pennsylvania v. West Virginia,
- 262 U. S. 553, 593 (1923). Consistently with this
- principle, a subjective approach to deliberate indifference
- does not require a prisoner seeking -a remedy for unsafe
- conditions [to] await a tragic event [such as an] actua[l]
- assaul[t] before obtaining relief.- Helling, supra at __
- (slip op., at 7).
- In a suit such as petitioner's, insofar as it seeks
- injunctive relief to prevent a substantial risk of serious
- injury from ripening into actual harm, -the subjective
- factor, deliberate indifference, should be determined in
- light of the prison authorities' current attitudes and
- conduct,- Helling, supra, at __ (slip op., at 10): their
- attitudes and conduct at the time suit is brought and
- persisting thereafter. An inmate seeking an injunction
- on the ground that there is -a contemporary violation of
- a nature likely to continue,- United States v. Oregon
- Medical Society, 343 U. S. 326, 333 (1952), must
- adequately plead such a violation; to survive summary
- judgment, he must come forward with evidence from
- which it can be inferred that the defendant-officials were
- at the time suit was filed, and are at the time of
- summary judgment, knowingly and unreasonably
- disregarding an objectively intolerable risk of harm, and
- that they will continue to do so; and finally to establish
- eligibility for an injunction, the inmate must demon-
- strate the continuance of that disregard during the
- remainder of the litigation and into the future. In so
- doing, the inmate may rely, in the district court's discre-
- tion, on developments that postdate the pleadings and
- pretrial motions, as the defendants may rely on such
- developments to establish that the inmate is not entitled
- to an injunction. See Fed. Rule Civ. Proc. 15(d); 6A C.
- Wright, A. Miller & M. Kane, Federal Practice and
- Procedure 1504-1510, pp. 177-211 (2d ed. 1990). If
- the court finds the Eighth Amendment's subjective and
- objective requirements satisfied, it may grant appropri-
- ate injunctive relief. See Hutto v. Finney, 437 U. S., at
- 685-688 and n. 9 (upholding order designed to halt -an
- ongoing violation- in prison conditions that included
- extreme overcrowding, rampant violence, insufficient
- food, and unsanitary conditions). Of course, a district
- court should approach issuance of injunctive orders with
- the usual caution, see Bell v. Wolfish, supra, at 562
- (warning courts against becoming -enmeshed in the
- minutiae of prison conditions-), and may, for example,
- exercise its discretion if appropriate by giving prison
- officials time to rectify the situation before issuing an
- injunction.
- That prison officials' -current attitudes and conduct,-
- Helling, supra, at __ (slip op., at 10), must be assessed
- in an action for injunctive relief does not mean, of
- course, that inmates are free to bypass adequate
- internal prison procedures and bring their health and
- safety concerns directly to court. -An appeal to the
- equity jurisdiction conferred on federal district courts is
- an appeal to the sound discretion which guides the
- determinations of courts of equity,- Meredith v. Winter
- Haven, 320 U. S. 228, 235 (1943), and any litigant
- making such an appeal must show that the intervention
- of equity is required. When a prison inmate seeks
- injunctive relief, a court need not ignore the inmate's
- failure to take advantage of adequate prison procedures,
- and an inmate who needlessly bypasses such procedures
- may properly be compelled to pursue them. Cf. 42
- U. S. C. 1997e (authorizing district courts in 1983
- actions to require inmates to exhaust -such plain,
- speedy, and effective administrative remedies as are
- available-). Even apart from the demands of equity, an
- inmate would be well advised to take advantage of
- internal prison procedures for resolving inmate griev-
- ances. When those procedures produce results, they will
- typically do so faster than judicial processes can. And
- even when they do not bring constitutionally required
- changes, the inmate's task in court will obviously be
- much easier.
- Accordingly, we reject petitioner's arguments and hold
- that a prison official may be held liable under the
- Eighth Amendment for denying humane conditions of
- confinement only if he knows that inmates face a
- substantial risk of serious harm and disregards that risk
- by failing to take reasonable measures to abate it.
- III
- A
- Against this backdrop, we consider whether the
- District Court's disposition of petitioner's complaint,
- summarily affirmed without briefing by the Court of
- Appeals for the Seventh Circuit, comports with Eighth
- Amendment principles. We conclude that the appropri-
- ate course is to remand.
- In granting summary judgment to respondents on the
- ground that petitioner had failed to satisfy the Eighth
- Amendment's subjective requirement, the District Court
- may have placed decisive weight on petitioner's failure
- to notify respondents of a risk of harm. That petitioner
- -never expressed any concern for his safety to any of
- [respondents],- App. 124, was the only evidence the
- District Court cited for its conclusion that there was no
- genuine dispute about respondents' assertion that they
- -had no knowledge of any potential danger to [peti-
- tioner],- ibid. But with respect to each of petitioner's
- claims, for damages and for injunctive relief, the failure
- to give advance notice is not dispositive. Petitioner may
- establish respondents' awareness by reliance on any
- relevant evidence. See supra, at 16.
- The summary judgment record does not so clearly
- establish respondent's entitlement to judgment as a
- matter of law on the issue of subjective knowledge that
- we can simply assume the absence of error below. For
- example, in papers filed in opposition to respondents'
- summary-judgment motion, petitioner pointed to re-
- spondents' admission that petitioner is a -non-violent-
- transsexual who, because of petitioner's -youth and
- feminine appearance- is -likely to experience a great
- deal of sexual pressure- in prison. App. 50-51, 73-74.
- And petitioner recounted a statement by one of the
- respondents, then warden of the penitentiary in Lewis-
- burg, Pennsylvania, who told petitioner that there was
- -a high probability that [petitioner] could not safely
- function at USP-Lewisburg,- id., at 109, an incident
- confirmed in a published District Court opinion. See
- Farmer v. Carlson, 685 F. Supp., at 1342; see also ibid.
- (-Clearly, placing plaintiff, a twenty-one year old
- transsexual, into the general population at [USP-]Lewis-
- burg, a [high-]security institution, could pose a signifi-
- cant threat to internal security in general and to
- plaintiff in particular-).
- We cannot, moreover, be certain that additional
- evidence is unavailable to petitioner because in denying
- petitioner's Rule 56(f) motion for additional discovery the
- District Court may have acted on a mistaken belief that
- petitioner's failure to notify was dispositive. Petitioner
- asserted in papers accompanying the Rule 56(f) motion
- that the requested documents would show that -each
- defendant had knowledge that USP-Terre Haute was and
- is, a violent institution with a history of sexual assault,
- stabbings, etc., [and that] each defendant showed
- reckless disregard for my safety by designating me to
- said institution knowing that I would be sexually
- assaulted.- App. 105-106. But in denying the Rule
- 56(f) motion, the District Court stated that the requested
- documents were -not shown by plaintiff to be necessary
- to oppose defendants' motion for summary judgment,-
- App. 121, a statement consistent with the erroneous
- view that failure to notify was fatal to petitioner's
- complaint.
- Because the District Court may have mistakenly
- thought that advance notification was a necessary
- element of an Eighth Amendment failure-to-protect
- claim, we think it proper to remand for reconsideration
- of petitioner's Rule 56(f) motion and, whether additional
- discovery is permitted or not, for application of the
- Eighth Amendment principles explained above.
- B
- Responents urge us to affirm for reasons not relied on
- below, but neither of their contentions is so clearly
- correct as to justify affirmance.
- With respect to petitioner's damages claim, respond-
- ents argue that the officials sued in their individual
- capacities (officials at FCI-Oxford and the Bureau of
- Prisons North Central Region office), were alleged to be
- liable only for their transfer of petitioner from FCI-
- Oxford to USP-Terre Haute, whereas petitioner -nowhere
- alleges any reason for believing that these officials, who
- had no direct responsibility for administering the Terre
- Haute institution, would have had knowledge of condi-
- tions within that institution regarding danger to trans-
- sexual inmates.- Brief for Respondents 27-28. But
- petitioner's Rule 56(f) motion alleged just that. Though
- respondents suggest here that petitioner offered no
- factual basis for that assertion, that is not a ground on
- which they chose to oppose petitioner's Rule 56(f) motion
- below and, in any event, is a matter for the exercise of
- the District Court's judgment, not ours. Finally, to the
- extent respondents seek affirmance here on the ground
- that officials at FCI-Oxford and the Bureau of Prisons
- regional office had no power to control prisoner place-
- ment at Terre Haute, the record gives at least a sugges-
- tion to the contrary; the affidavit of one respondent, the
- warden of USP-Terre Haute, states that after having
- been at USP-Terre Haute for about a month petitioner
- was placed in administrative segregation -pursuant to
- directive from the North Central Regional Office- and a
- -request . . . by staff at FCI-Oxford.- App. 94-95.
- Accordingly, though we do not reject respondents'
- arguments about petitioner's claim for damages, the
- record does not permit us to accept them as a basis for
- affirmance when they were not relied upon below.
- Respondents are free to develop this line of argument on
- remand.
- With respect to petitioner's claim for injunctive relief,
- respondents argued in their merits brief that the claim
- was -foreclosed by [petitioner's] assignment to adminis-
- trative detention status because of his high-risk HIV-
- positive condition, . . . as well as by the absence of any
- allegation . . . that administrative detention status poses
- any continuing threat of physical injury to him.- Brief
- for Respondents 28-29. At oral argument, however, the
- Deputy Solicitor General informed us that petitioner was
- no longer in administrative detention, having been
- placed in the general prison population of a medium-
- security prison. Tr. of Oral Arg. 25-26. He suggested
- that affirmance was nevertheless proper because -there
- is no present threat- that petitioner will be placed in a
- setting where he would face a -continuing threat of
- physical injury,- id., at 26, but this argument turns on
- facts about the likelihood of a transfer that the District
- Court is far better placed to evaluate than we are. We
- leave it to respondents to present this point on remand.
- IV
- The judgment of the Court of Appeals is vacated, and
- the case is remanded for further proceedings consistent
- with this opinion.
- So ordered.
-