Kemp v. Fulton County

Dist. Ct. did not err in granting defendants-three correctional officers’ motion for summary judgment in plaintiff-pre-trial detainee’s section 1983 action, alleging that defendants failed to come to his aid when two other pre-trial detainees physically assaulted him in jail. Record showed that, at time of assault, one defendant, who had hearing loss and who had failed to wear hearing aid on day of attack, was patrolling jail, and plaintiff claimed that said officer’s failure to wear hearing aid precluded officer from hearing his cried for help. Plaintiff, though, failed to show that officer's hearing loss prevented him from hearing commotion without hearing aid. However, record showed that three other officers without hearing loss were standing near brawl and denied hearing any telltale noise. As such, plaintiff failed to show that officer’s failure to wear hearing aid caused plaintiff’s injuries. Moreover, plaintiff did not present any evidence showing that any defendant was put on notice that he was facing serious risk of harm from his fellow inmates. Also, plaintiff failed to establish that remaining two defendants, as supervisors, were liable for knowingly hiring and retaining hearing-impaired officer, where there was no evidence that: (1) another officer with no hearing impairment would have heard brawl and intervened earlier; and (2) supervisors knew that third officer was not wearing hearing aid.