Keith v Koerner

Keith appealed summary judgment to Koerner on her 1983 claims arising from her rape while a prisoner in a facility where Koerner was warden. The panel affirmed in part and revered and remanded in part. It affirmed as to the failure to train claim as the rapist was explicitly told during training not to engage in sex with inmates. It held there was sufficient evidence about Koerner’s personal involvement through lack of enforcement of anti-rape and other protective polices to create a genuine issue of fact given the facility here had a significantly higher number of complaints, treated any claim denied by the accused as unsubstantiated, gave minimal consequences in a case where the accused failed a polygraph test, and allowed the program where the rapist worked to be unsupervised with inmates form which a jury could infer deliberate indifference to the risk that inmate would be assaulted. It held the evidence about Koerner’s treatment of complaints and discipline upon substantiation were sufficient to create a jury question as to proximate causation and as to whether Koerner was deliberately indifferent the risk of assault and further held the right to be protected from assault by staff was clearly established the time of the rape here. It finally held that was a genuine issue of material fact as to whether the statute of limitations has run given Keith signed a confidentiality agreement about her rape complaint while in prison and felt subjectively fearful of retaliation if she filed suit while in prison.United States v Board of County Commissioners of the County of Otero

Board appealed the district court’s order enjoining Board form removing dead trees and otherwise trying to prevent forest fires on federal land without forest service permission. The panela affirmed. it held that under the United states constitution’s Property clause, as interpreted by the united states Supreme Court, the federal government has plenary power without limitation to regulate federal lands and thus Board’s plan was prompted.