Pierson v. Hartley.

• Position: FAILURE TO PROTECT - Brief Article

U.S. Appeals Court

PRISONER ON PRISONER ASSAULT

Pierson v. Hartley, 391 F.3d 898 (7th Cir. 2004). An inmate brought a [section] 1983 action against prison officials for failing to protect him from an assault by another inmate. Following a jury verdict in favor of the inmate, the district court entered judgment as a matter of law in favor of the officials. The inmate appealed. The appeals court reversed and remanded. The court held that evidence was sufficient to create a fact issue for the jury as to whether officials disregarded risk to the inmate by assigning the assailant to a low-security dorm and allowing him to remain there following his weapons conviction in a prison disciplinary system. According to the court, the officials probably reviewed a...