Greene v. Bowles.

• Position: FAILURE TO PROTECT - Brief Article

U.S. Appeals Court

PRISONER ON PRISONER ASSAULT

Greene v. Bowles, 361 F.3d 290 (6th Cir. 2004). An inmate who was a pre-operative male-to-female transsexual who was incarcerated in a prison for males, brought a [section] 1983 action against corrections officials, alleging deliberate indifference to her safety. The district court granted summary judgment in favor of a warden and the inmate appealed. The appeals court reversed and remanded. The appeals court held that summary judgment was precluded by fact issues as to whether the warden knew of the risk presented when the transsexual...