Perkins v. Lawson.

• Position: FAILURE TO PROTECT - Brief Article

U.S. Appeals Court

MEDICAL CARE

PRISONER ON PRISONER ASSAULT

Perkins v. Lawson, 312 F.3d 872 (7th Cir. 2002). An inmate brought a state court action against a sheriff in his official capacity under [section] 1983, and under state negligence laws, seeking damages for injuries sustained in an attack by another inmate. The case was removed to federal court, where the district court entered summary judgment for the sheriff. The inmate appealed and the appeals court affirmed in part, vacated and remanded in part. The appeals court remanded the inmate's negligence claim to the state courts because the appeals court was not convinced that there could be no finding of negligence under state law. The inmate had been beaten by another inmate and was...