Pierson, Robert J. v. Hartley, William (ND Ind., Robert L. Miller, Jr., Chief Judge)
Before POSNER, KANNE, and ROVNER, Circuit Judges.Posted by Marcia Oddi at December 14, 2004 12:35 PM
ROVNER, Circuit Judge. Robert J. Pierson, an inmate of
the Indiana State Prison, was assaulted by fellow inmate
Jeremy Wilkinson while he slept. Wilkinson beat Pierson
with brass locks stuffed in a sock, gashing his head and
knees and crushing his left testicle. The attack required
surgical removal of Pierson’s damaged testicle and kept him
a month in the prison hospital. Pierson sued prison officers
and officials under 42 U.S.C. § 1983, alleging that they knew
of and ignored a serious risk to his safety. A jury found for
Pierson against two of the officers and awarded damages,
but the district court vacated the jury verdict and entered
judgment as a matter of law for the defendants. Because the
court directed judgment against Pierson, we construe the
facts in the light most favorable to him. * * *Whether the defendants knew that
Wilkinson posed a specific risk to Pierson—rather than all
the members of “E” dorm—is unimportant; for in order
to establish a constitutional violation, it does not matter
“whether a prisoner faces an excessive risk of attack for
reasons personal to him or because all prisoners in his
situation face such a risk.” Haley, 86 F.3d at 643 n.33;
Billman v. Indiana Dept. of Corr., 56 F.3d 785, 788 (7th Cir.
1995).The jury could have also found that MacMillan and Wood,
knowing that Wilkinson posed a substantial risk of harm,
disregarded that risk, first by assigning Wilkinson to the
dorm and then by allowing him to remain following his
weapons conviction. Although MacMillan and Wood denied
any role in Wilkinson’s assignment, Pierson was allowed to
testify to the contents of a prison report that, according to
him, included a statement that both MacMillan and Wood
made the decision to place Wilkinson in the dorm. Further,
as the supervisor and case manager for “E” dorm, MacMillan
and Wood would have been involved in any decision to
transfer Wilkinson. But Wilkinson inexplicably was allowed
to stay on in the dormitory after his weapons conviction;
even MacMillan testified that it was unusual for a prisoner
to remain following that kind of violation. Such inaction in
the face of a substantial risk is sufficient to demonstrate
deliberate indifference under the Eighth Amendment. See
Case, 301 F.3d at 607; Billman, 56 F.3d at 788.The judgment of the district court is reversed and the
case remanded with instructions to reinstate the jury’s
verdict. REVERSED AND REMANDED.