United States Sixth Circuit

In a 42 U.S.C. section 1983 case alleging use of excessive force and deliberate indifference after plaintiff was struck by one of the defendants in the back the neck while walking to his cell and later was severely beaten by other inmates after one of the defendants spread word of plaintiff's child rape charge, denial of summary judgment for defendants is affirmed as to the deliberate indifference claim and reversed as to the excessive force claim where: 1) one defendant objectively knew of the serious risk of harm that plaintiff would be subject to if other inmates found out about the charges and defendant subjectively knew that plaintiff would need protection in the jail, yet he persisted in telling other inmates about the charges; and 2) the blow received to the back of the neck was de minimis since plaintiff did not suffer any objectively verifiable injury from the blow.

Appellate Information

• Decided 06/10/2008
• Published 06/10/2008

Judges

• Before:  CLAY, SUTTON, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John H. Dise, Jr., Dise & Associates, Southfield, Michigan, Thomas A. Matthews, Brighton, Michigan, for Appellants.   Michael J. Kemnitz, Detroit, Michigan, for Appellee.   ON BRIEF:  John H. Dise, Jr., Gina U. Puzzuoli, Dise & Associates, Southfield, Michigan, Thomas A. Matthews, Brighton, Michigan, for Appellants.  Michael J. Kemnitz, Detroit, Michigan, for Appellee.