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United States Seventh Circuit


PEATE v. MCCANN, 00-2937

In an inmate's action for Eighth and Fourteenth Amendment violations against a corrections officer, based on his facilitation of and failure to break up an attack by a fellow inmate, summary judgment in favor of the officer was improper where sufficient evidence showed that he acted with deliberate indifference in furnishing the attacker with a potential weapon.

Appellate Information

  • Argued 10/29/2001
  • Decided 06/25/2002
  • Published 06/25/2002

Judges

  • DIANE P. WOOD, Circuit Judge., Before FLAUM, Chief Judge, and POSNER and DIANE P. WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Nathaniel Cade, Jr. (argued), Gordon P. Giampietro, Michael Best & Friedrich, Milwaukee, WI, for Plaintiff-Appellant.

  • For Appellees:
  • Monika Prekopa Talbot (argued), Office of Atty. General, Indianapolis, IN, for Defendant-Appellee.
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