United States Eleventh Circuit

In suit alleging plaintiff prisoner was subjected to a series of attacks in which excessive and unjustified force was used, summary judgment for defendants is reversed as to defendant former warden where the evidence is sufficient to allow a jury to consider: 1) that defendant knew of the widespread abuse and was on notice of the need to correct or to stop abuse by officers; and 2) whether defendant had established customs and policies that resulted in deliberate indifference to constitutional violations and failed to take reasonable measures to correct the alleged deprivations.

Appellate Information

• Decided 03/16/2007
• Published 03/16/2007

Judges

• BARKETT, Circuit Judge:, Before TJOFLAT, BARKETT, and GOODWIN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Guy Bennett Rubin, Rubin & Rubin, Stuart, FL, Stuart M. Address, Port St. Lucie, FL, for Mathews.


• For Appellees:
  
• Ronald S. Wasilenko, Michael D. Kendall, Gobelman, Love, Gavin, Wasilenko & Broughan, Jeffrey A. Cramer, Law Offices of Jeffrey A. Cramer, J. Ray Poole, Jr., John F. Dickinson, Margaret Philips Zabijaka, Constangy, Brooks & Smith, LLC, Jacksonville, FL, Theodore R. Doran, Doran, Wolfe, Rost & Ansay, Daytona Beach, FL, Martin A. Fitzpatrick, Broad & Cassel, Tallahassee, FL, for Defendants-Appellees.