Gailor v. Armstrong.

• Position: FAILURE TO PROTECT - Brief Article

U.S. District Court

OFFICER ON PRISONER ASSAULT

Gailor v. Armstrong, 187 F.Supp.2d 729 (W.D.Ky. 2001). The estate of a deceased pretrial detainee brought a [section] 1983 action against a county and correctional officers for the beating death of the detainee by officers. The district granted summary judgment in favor of the county, finding that there was insufficient evidence to hold the county liable, but denied summary judgment for the officers. The court held that fact issues remained as to whether the officers' use of force was excessive. The court ruled that the officers and their supervisor were not entitled to qualified immunity. The court held that the county was not liable under [section] 1983 because evidence...