8. Classification & separation.

U.S. District Court

POLICY/PROCEDURE

FAILURE TO PROTECT

Little v. Shelby County, Tenn., 384 F.Supp.2d 1169 (W.D.Tenn. 2005). An inmate brought a [section] 1983 action against a county and sheriff, alleging that he had been raped in jail in violation of his Eighth Amendment rights. The county stipulated to liability and an order of injunctive relief was issued. Later, the district court found the county in contempt, and the county sought to purge itself of the contempt finding. The court entered a purgation order. The court held that the county and sheriff complied with the Eighth Amendment and purged themselves of contempt through the adoption of a structured reform to correct conditions that included violence, rape and gang control among inmates. In reaching its conclusion, the court considered whether officials took all reasonable steps within their power to comply with the order, which included whether they marshaled their own resources, asserted their highest authority, and demanded the results needed from subordinate persons and agencies in order to effectuate the course of action required by the order. The court praised the county, noting that...