U.S. appeals court: prisoner on prisoner assault.

• Position: Failure to Protect

Berry v. Sherman, 365 F.3d 631 (8th Cir. 2004). An inmate who was attacked by his cellmate brought a civil rights suit against correctional officers, alleging violation of his equal protection rights and failure to protect. The district court entered summary judgment in favor of all officers on the equal protection claim, but denied qualified immunity to certain officers for the failure to protect claim. The officers appealed and the appeals court reversed. The appeals court held that the inmate failed to show that officers knew of a...