Whether the Fifth Circuit Court of Appeals decision denying relief represents a split in the Circuit Courts

QUESTION(S) PRESENTED : 1) Whether the Fifth Circuit Gourt of Appeals decision denying relief represents a split in the Circuit Courts. Valle, a pro se litigant and prisoner in state prison filed a civil rights claim after being assaulted by a fellow prisoner who was held in admin, istrative segregation due to his history of 41 staff assaults and 18 "possession of a weapon" cases, Yet the court did not believe his violent history represented a foreseeable threat sufficient to constitute a "substantial risk of serious harm", 2) Whether the U.5S.D.C.'s refusal to hear a claim under the : theory of a "State Created Danger" is a split in the Circuits that this court will resolve. : di