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Whitson v. Stone County Jail, No. 08-1468

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By FindLaw Staff on April 22, 2010 2:31 PM

Whitson v. Stone County Jail, No. 08-1468, involved an action claiming that defendant-officers failed to protect plaintiff from an assault by a fellow prisoner, and others failed to properly train and supervise the officers responsible for her safety.  The court of appeals reversed summary judgment for defendants, holding that a factfinder could conclude that the situation in which plaintiff was placed demonstrated deliberate indifference to a substantial risk to her safety.

As the court wrote:  "Penny Whitson appeals the district court's grant of summary judgment in favor of the defendants on her pro se claim for relief under 42 U.S.C. section 1983 alleging that two defendants failed to protect her from a particular assault, and others failed to properly train and supervise the officers responsible for Whitson's safety.  Because there remains a question of fact on a determinative issue in this case, and the district court applied the wrong legal standard, we reverse and remand for further proceedings."

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