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Giroux v. Somerset County

178 F.3d 28 (1999)

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Giroux v. Somerset County

United States Court of Appeals for the First Circuit
178 F.3d 28 (1999)

Facts

Shawn Giroux (plaintiff), an inmate at the Somerset County Jail, brought suit against prison employee Sergeant Hartley and the county (defendants) under 42 U.S.C. § 1983 after Giroux was assaulted by another inmate. The tensions between the inmates began when Giroux was informed that a detective wanted to speak with him. Giroux’s cellmate, Robert Tucker, believed the conversation was in reference to him, so he threatened Giroux in the presence of a prison security officer. Giroux was transferred to another cell. Thereafter, Robert’s brother and fellow inmate, Scott Tucker, approached Giroux during breakfast and threatened him on his brother’s behalf. Giroux was then placed on cell feeding, which is normally done for either health reasons or as a protective measure. The prison records did not indicate the reason Giroux was placed on cell feeding. During a supervised visitation period overseen by Hartley, Giroux and Scott were placed in the same area. An argument ensued, and Scott attacked Giroux, causing him a broken nose, torn ligaments, and a head laceration. Before trial, the district court found that the evidence that Hartley had actual knowledge of the substantial risk of harm was insufficient and granted summary judgment in favor of Hartley and the county. Giroux appealed.

Rule of Law

Issue

Holding and Reasoning (Lipez, J.)

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