Merrriweather v. Marion County Sheriff.

• Position: Brief Article

U.S. District Court

FAILURE TO PROTECT

Merrriweather v. Marion County Sheriff, 368 F.Supp.2d 875 (S.D.Ind. 2005). A county jail detainee who was beaten and raped by fellow detainees sued a sheriff, claiming deprivation of his due process rights and negligence. The district court denied the sheriff's motion to dismiss the action. The court found fact issues as to whether the sheriff had shown deliberate indifference to the risk posed to the detainee by housing him with detainees who had a record of prior violence, and whether the sheriff had immunity from the negligence claim under state law. The court also found material issues of fact as to whether the level of violence in the juvenile...