U.S. District Court: DAMAGES FAILURE TO PROTECT.

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Miller v. Shelby County, 93 F.Supp.2d 892 (W.D.Tenn. 2000). A county jail inmate brought a [sections] 1983 action against a county alleging injuries suffered in an attack by fellow inmates were the result of the jail's practice of permitting inmates of different security levels to take recreation together. The district court entered judgment for the plaintiff, finding that the jail's recreation policy posed a substantial risk of harm and that jail officials showed deliberate indifference to the risk posed by the policy. The court noted that whether the policy was official or not, it was pervasive enough to be considered a de facto policy. The jail policy allowed inmates of different security levels to take recreation together, including gang...

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