United States Tenth Circuit

In a 42 U.S.C. section 1983 action claiming that defendant-sheriff demonstrated deliberate indifference to the rights of inmates in his care and custody, subjecting plaintiff to cruel and unusual punishment in violation of the Eighth Amendment, summary judgment for defendant is reversed as to the 1983 claim where, contrary to the ruling below, defendant was aware of prison conditions that were substantially likely to result in the sexual assault of a female inmate, and a jury might infer that the assaults on plaintiff were caused by those dangerous conditions.

Appellate Information

• Decided 02/21/2008
• Published 02/22/2008

Judges

• McCONNELL, Circuit Judge., Before KELLY, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jennifer Bisset, Bisset Law Firm, Englewood, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Andrew D. Ringel (David R. Brougham with him on the brief), Hall & Evans, L.L.C., Denver, CO, for Defendant-Appellee.