Action Concerning Prisoner's Assault On Another Inmate
In Schoelch v. Mitchell, No. 08-2776, an action by an inmate claiming that defendant officers failed to protect him from another inmate, summary judgment for defendants is affirmed where plaintiff failed to present sufficient evidence to establish that he suffered an objectively serious deprivation.
As the court wrote: "Darien Lindsey attacked fellow pretrial detainee Charles Schoelch, leaving Schoelch with facial injuries that required surgery. Schoelch brought this action, pursuant to 42 U.S.C. §§ 1983, 1986, and 1988, against jail guard Emmett Mitchell, alleging that Mitchell failed to protect him from Lindsey. He also asserted that various supervisory officials and St. Louis County should be held liable for failing to protect him and for failing to train and supervise Mitchell. The district court granted summary judgment for Mitchell and the other defendants, and we affirm."