Bennett v. Houseworth

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a). Kevin Bennett filed this prisoner civil rights action in the district court under 42 U.S.C. § 1983, alleging that the defendant prison officials negligently exposed him to threats from other prisioners during a transfer between prisons. Specifically, plaintiff alleged that defendants, in violation of prison policy failed to note plaintiff's protective custody status on the transfer order. The district court dismissed plaintiff's complaint because plaintiff alleged mere negligence, which is not actionable under § 1983. See Whitley v. Albers, 475 U.S. 312, 319 (1986); Davidson v. Cannon, 474 U.S. 344, 347-48 (1986).