holding that deliberate indifference requires a showing that defendants "must have actually known that that their response was inadequate"Summary of this case from Shover v. Chestnut
Argued: May 14, 2008.
Decided: August 6, 2008.
Appeal from the United States District Court for the District of Maryland, Deborah K. Chasanow, J.
ARGUED: Stephanie Judith Lane-Weber, Office Of The Attorney General of Maryland, Baltimore, Maryland, for Appellants. Paul Lawrence Knight, O'Connor Hannan, LLP, Washington, D.C., for Appellees. ON BRIEF: Douglas F. Gansler, Attorney General of Maryland, Baltimore, Maryland, for Appellants. Gary C. Adler, Roetzel Andress, LPA, Washington, D.C., for Appellees.
Before MICHAEL and DUNCAN, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.
Dismissed in part and affirmed in part by published opinion. Judge DUNCAN wrote the opinion, in which Judge MICHAEL and Judge FLOYD joined.