In the case of Smith vs. Wade, an inmate at Missouri Division of Corrections for youthful first offenders, Daniel R. Wade brought suit against a guard from the unit in which he was assigned, William H. Smith. Wade accused Smith of “gross negligence”, “an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.” (Cross 283). While Wade was an inmate in the correction facility he was assaulted by being harassed, beaten and sexually assaulted by his cellmates. He alleged that his Eighth Amendment rights were violated by Smith and three other officers that were on duty at the time of his alleged assault. During the trial Wade stated that Smith and the other guards had placed a third inmate in the cell with him and another inmate. After Wade had voluntarily placed himself in protective custody because of incidences that took place prior to his assault in his cell. Wade argued that Smith or the other guards did not bother to see if there was another cell that the third inmate could go in before placing him in Wade’s cell. There was also a recent incident of another inmate being beat to death just a few weeks prior to Wade’s assault during the same hours that Smith and the other guards served. “During trial, the District Judge entered a directed verdict for two of the defendants. He instructed the jury that Wade could make out an Eighth Amendment violation only by showing "physical abuse of such base, inhumane and barbaric proportions as to shock the sensibilities.” (Smith v Wade). The judge also informed the jury that Wade was able to receive punitive damages if the guards were guilty of egregious failure to protect “a flagrant or remarkably bad failure to protect” (Smith v Wade). The courts ruled in favor of Wade, stating that Smith and the other guards were indeed