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Monday, August 18, 2008

Ind. Decisions - 7th Circuit issues one today, partially reversing Judge Tinder

In Grieveson v.Frank Anderson (SD Ind., Judge Tinder), a 30-page opinion, Judge Kanne writes:

During Joseph Grieveson’s detainment at the Marion County, Indiana, Jail, he allegedly suffered several attacks at the hands of other inmates, and one attack by an unnamed jail guard. He brought suit against numerous government defendants in their individual and official capacities, raising constitutional and state-law claims. The United States District Court for the Southern District of Indiana dismissed some of the claims and granted summary judgment in favor of the defendants for the remaining claims. We affirm the district court’s grant of summary judgment in favor of the Marion County Sheriff on the official-capacity claims. However, with respect to the individual-capacity claims against individual defendants, we affirm in part and reverse in part. There is a genuine issue of material fact surrounding whether one jail guard was deliberately indifferent to Grieveson’s safety needs, and there is a genuine issue of material fact about whether three jail guards were deliberately indifferent to Grieveson’s medical needs. Finally, we reverse the district court’s disposition of Grieveson’s negligence claims against certain defendants under Indiana law.

Posted by Marcia Oddi on August 18, 2008 12:54 PM
Posted to Ind. (7th Cir.) Decisions