DAVIDSON v. CANNON et al.
No. 84-6470.
Argued November 6, 1985
Decided January 21, 1986
Rehnquist, J., delivered the opinion of the Court, in which BURGER, C. J., and White, Powell, and O’Connor, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, ante, p. 336. Brennan, J., filed a dissenting opinion, post, p. 349. Blackmun, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p. 349.
James Douglas Crawford argued the cause and filed a brief for petitioner.
Madeleine Waters Mansier, Deputy Attorney General of New Jersey, argued the cause for respondents. With her on the brief were Irwin I. Kimmelman, Attorney General, and James J. Ciancia, Assistant Attorney General.
Acting Solicitor General Fried argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Assistant Attorney General Willard, Deputy Solicitor General Getter, Barbara L. Her-wig, and Douglas N. Letter.
Fred E. Inbau, James P. Manak, Wayne W. Schmidt, Daniel B. Hales, and Courtney E. Evans filed a brief for Americans for Effective Law Enforcement, Inc., et al. as amici curiae urging affirmance.
Justice Rehnquist
delivered the opinion of the Court.
Petitioner sued prison officials seeking damages under 42 U. S. C. § 1983 for injuries he suffered when they negligently failed to protect him from another inmate. On December 19, 1980, petitioner was threatened by one McMillian, a fellow inmate at the New Jersey State Prison at Leesburg. Petitioner sent a note reporting the incident that found its way to respondent Cannon, the Assistant Superintendent of the prison, who read the note and sent it on to respondent James, a Corrections Sergeant. Cannon subsequently testified that he did not view the situation as urgent because on previous occasions when petitioner had a serious problem he had contacted Cannon directly.
James received the note at about 2 p.m. on December 19, and was informed of its contents. James then attended to other matters, which he described as emergencies, and left the note on his desk unread. By the time he left the prison that evening James had forgotten about the note, and since neither he nor Cannon worked on December 20 or 21, the officers on duty at that time had not been informed of the threat. Petitioner took no steps other than writing the note to alert the authorities that he feared an attack, nor did he request protective custody. He testified that he did not foresee an attack, and that he wrote the note to exonerate himself in the event that McMillian started another fight. He also testified that he wanted officials to reprimand McMillian in order to forestall any future incident. On Sunday, December 21, McMillian attacked petitioner with a fork, breaking his nose and inflicting other wounds to his face, neck, head, and body.
Petitioner brought this § 1983 suit in the United States District Court for the District of New Jersey, claiming that respondents (and two others) had violated his constitutional rights under the Eighth and Fourteenth Amendments. After a bench trial, the District Court held that petitioner had not established an Eighth Amendment violation “because [respondents] did not act with deliberate or callous indifference to [petitioner’s] needs and because the incident complained of was a single attack.” App. 89. The court also found, however, that respondents “negligently failed to take reasonable steps to protect [petitioner], and that he was injured as a result.” Ibid. Petitioner was thereby deprived, see Parratt v. Taylor, 451 U. S. 527, 536-537 (1981), of his liberty interest in personal security, see Ingraham v. Wright, 430 U. S. 651, 673 (1977); and because New Jersey law provides that “[n]either a public entity nor a public employee is liable for . . . any injury caused by ... a prisoner to any other prisoner,” N. J. Stat. Ann. § 59:5-2(b)(4) (1982), the court concluded that the deprivation was without due process. Petitioner was awarded compensatory damages of $2,000.
The Court of Appeals for the Third Circuit, hearing the case en banc, reversed. 752 F. 2d 817 (1984). While accepting the District Court’s conclusion that respondents had been negligent, and agreeing that the attack on petitioner implicated a recognized liberty interest, the majority held that respondents’ negligence did not work a “deprivation” of that interest within the meaning of the Due Process Clause. The court conceded that language in Parratt supported .the District Court’s position that merely negligent conduct causing injury could constitute a Fourteenth Amendment “deprivation,” but concluded that “Parratt does not so hold.” 752 F. 2d, at 826. Accordingly, the court ruled that petitioner had failed to make out a violation of his procedural or substantive due process rights, stating that § 1988 provides no remedy “for the type of negligence found in this case.” Id., at 829.
Two judges who joined the majority opinion also wrote separately to suggest that even if respondents’ negligence had “deprived” petitioner of liberty, the State’s decision not to provide a remedy, in view of its strong interest in protecting its prison officials from liability, did not violate due process. Three judges dissented, essentially embracing the position of the District Court.
We granted certiorari, 471 U. S. 1134 (1985), and set this case for oral argument with Daniels v. Williams, ante, p. 327. Finding the principles enunciated in Daniels controlling here, we affirm.
In Daniels, we held that the Due Process Clause of the Fourteenth Amendment is not implicated by the lack of due care of an official causing unintended injury to life, liberty, or property. In other words, where a government official is merely negligent in causing the injury, no procedure for compensation is constitutionally required. In this case, petitioner does not challenge the District Court’s finding that respondents “ ‘did not act with deliberate or callous indifference to [petitioner’s] needs,”’ 752 F. 2d, at 820. Instead, he claims only that respondents “negligently failed to protect him from another inmate.” Brief for Petitioner 2. Daniels therefore controls.
Respondents’ lack of due care in this case led to serious injury, but that lack of care simply does not approach the sort of abusive government conduct that the Due Process Clause was designed to prevent. Daniels, ante, at 331-333. Far from abusing governmental power, or employing it as an instrument of oppression, respondent Cannon mistakenly believed that the situation was not particularly serious, and respondent James simply forgot about the note. The guarantee of due process has never been understood to mean that the State must guarantee due care on the part of its officials.
In an effort to limit the potentially broad sweep of his claim, petitioner emphasizes that he “does not ask this Court to read the Constitution as an absolute guarantor of his liberty from assault by a fellow prisoner, even if that assault is caused by the negligence of his jailers.” Brief for Petitioner 17. Describing his claim as one of “procedural due process, pure and simple,” id., at 14, all he asks is that New Jersey provide him a remedy. But the Fourteenth Amendment does not require a remedy when there has been no “deprivation” of a protected interest. Petitioner’s claim, based on respondents’ negligence, is quite different from one involving injuries caused by an unjustified attack by prison guards themselves, see Johnson v. Glick, 481 F. 2d 1028 (CA2), (Friendly, J.), cert. denied sub nom. John v. Johnson, 414 U. S. 1033 (1973), or by another prisoner where officials simply stood by and permitted the attack to proceed, see Curtis v. Everette, 489 F. 2d 516 (CA3 1973), cert. denied sub nom. Smith v. Curtis, 416 U. S. 995 (1974). As we held in Daniels, the protections of the Due Process Clause, whether procedural or substantive, are just not triggered by lack of due care by prison officials.
Accordingly, the judgment of the Court of Appeals for the Third Circuit is affirmed.
It is so ordered.
[For opinion of Justice Stevens concurring in the judgment, see ante, p. 336].
The note, addressed to a civilian hearing officer, said:
“When I went back to the unit after seeing you McMillian was on the steps outside the unit. When I was going past him he told me ‘I’ll fuck you up you old mother-fucking fag.’ Go up to your cell, I be right there.
“I ignored this and went to another person’s cell and thought about it. Then I figured I should tell you so ‘if’ anything develops you would be aware.
“I’m quite content to let this matter drop but evidently McMillian isn’t.
“Thank you, R. Davidson.” 752 F. 2d 817, 819 (CA3 1984).
What follows is an opinion from the Supreme Court of the United States. Your task is to determine the bases on which the Supreme Court rested its decision with regard to the legal provision that the Court considered in the case. Consider "judicial review (national level)" if the majority determined the constitutionality of some action taken by some unit or official of the federal government, including an interstate compact. Consider "judicial review (state level)" if the majority determined the constitutionality of some action taken by some unit or official of a state or local government. Consider "statutory construction" for cases where the majority interpret a federal statute, treaty, or court rule; if the Court interprets a federal statute governing the powers or jurisdiction of a federal court; if the Court construes a state law as incompatible with a federal law; or if an administrative official interprets a federal statute. Do not consider "statutory construction" where an administrative agency or official acts "pursuant to" a statute, unless the Court interprets the statute to determine if administrative action is proper. Consider "interpretation of administrative regulation or rule, or executive order" if the majority treats federal administrative action in arriving at its decision.Consider "diversity jurisdiction" if the majority said in approximately so many words that under its diversity jurisdiction it is interpreting state law. Consider "federal common law" if the majority indicate that it used a judge-made "doctrine" or "rule; if the Court without more merely specifies the disposition the Court has made of the case and cites one or more of its own previously decided cases unless the citation is qualified by the word "see."; if the case concerns admiralty or maritime law, or some other aspect of the law of nations other than a treaty; if the case concerns the retroactive application of a constitutional provision or a previous decision of the Court; if the case concerns an exclusionary rule, the harmless error rule (though not the statute), the abstention doctrine, comity, res judicata, or collateral estoppel; or if the case concerns a "rule" or "doctrine" that is not specified as related to or connected with a constitutional or statutory provision. Consider "Supreme Court supervision of lower federal or state courts or original jurisdiction" otherwise (i.e., the residual code); for issues pertaining to non-statutorily based Judicial Power topics; for cases arising under the Court's original jurisdiction; in cases in which the Court denied or dismissed the petition for review or where the decision of a lower court is affirmed by a tie vote; or in workers' compensation litigation involving statutory interpretation and, in addition, a discussion of jury determination and/or the sufficiency of the evidence.