Horshaw v. Casper

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 16-3789
Decision Date: 
December 14, 2018
Federal District: 
S.D. Ill.
Holding: 
Affirmed and vacated in part and remanded

Dist. Ct. erred in granting motion for summary judgment filed by two defendants-prison guard and former warden in section 1983 action by plaintiff-prisoner, alleging that said defendants knew that he faced risk of attack by other prisoners and did nothing to prevent subsequent attack on plaintiff by said prisoners. Record contained dispute as to whether defendants had received letter from plaintiff that described said threat of attack, which precluded entry of summary judgment, and defendant warden conceded that he would have placed plaintiff in protective custody had he received said note. Moreover, neither defendant contended that threat articulated by plaintiff was false or that plaintiff was otherwise not credible in describing said threat.