Burrell v. Hampshire County.
Position | Deliberate indifference and violation of the Fourteenth Amendment - Brief Article |
U.S. Appeals Court
PRETRIAL DETAINEE
SEPARATION
Burrell v. Hampshire County, 307 F.3d 1 (1st Cir. 2002). A pretrial detainee who was severely beaten by a fellow detainee brought a [section] 1983 action against a county and county officials, alleging deliberate indifference to his health and safety in violation of the Fourteenth Amendment. The detainee also alleged an Eighth Amendment violation resutling from failure to segregate violent and nonviolent detainees. The district court granted summary judgment in favor of the defendants and the appeals court affirmed. The detainee had told one jail official that he was threatened by a fellow detainee who had a history of assaults, but the officials failed to separate them. The court noted that the plaintiff told...
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