Balsewicz v. Pawlyk

Dist. Ct. erred in granting defendant-prison guard’s motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that defendant failed to take reasonable measures to abate threat to plaintiff, where; (1) plaintiff told defendant that while she was in shower house, another inmate threatened to beat her up; and (2) defendant took no action following plaintiff’s report, and two days later said inmate attacked plaintiff in dining hall. While Dist. Ct. found that defendant was entitled to qualified immunity because defendant could have reasonably believed that threat to plaintiff had abated once inmates left shower house on day of report, reasonable juror could find that defendant knew that plaintiff had faced ongoing risk of serious harm, where plaintiff had asked defendant not to allow inmate to shower with her and other transgender inmates. Also, defendant was not entitled to qualified immunity, where, under Farmer, 511 U.S. 825, defendant’s alleged inaction violated clearly established right.