Tidwell v. Hicks

Dist. Ct. did not err in granting motion for summary judgment by defendants-prison guards in section 1983 action by plaintiff-prisoner alleging that said defendants failed to protect him from attack by another prisoner. Defendant presented no evidence that one defendant was present during said attack, and plaintiff failed to present evidence that other defendant had actual knowledge that plaintiff was at serious risk of being harmed. Dist. Ct. also did not err in failing to recruit substitute counsel for plaintiff, where plaintiff failed to show that substitute counsel would have uncovered evidence that would have affected outcome of case.