- 5th Cir.
- James E. Graves, Jr., Circuit Judge:
The district court sua sponte dismissed this suit filed in forma pauperis by an inmate alleging that a corrections officer, knowing that the inmate was shackled and without a seatbelt in a prison van's security cage, acted with deliberate indifference to the inmate's safety by driving the van recklessly. The allegation that the driver told another officer that other inmates similarly had been injured the prior week and during other incidents, which "happen all the time," states more than mere negligence. The district court's order is affirmed in part, and reversed and remanded.
Rogers v. Boatright, 5th U.S. Circuit Court of Appeals, No. 12-20063, 02-18-2013.