U.S. Appeals Court: PROTECTIVE CUSTODY SEPARATION.

Weiss v. Cooley, 230 F.3d 1027 (7th Cir. 2000). A suspect in a highly publicized rape case, who had been assaulted by fellow inmates while detained in a county jail, brought a [sections] 1983 action against the sheriff, jail commander and a jail officer. The district court dismissed the claims against the sheriff and jail commander and granted summary judgment for the officer. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that summary judgment for the officer was precluded by a fact issue as to whether the officer had actual knowledge that the suspect faced an objective risk of danger. Affirming the dismissal of the sheriff and jail commander from the action, the appeals court noted that allegations that circumstances were such that assaults on prisoners like the suspect were inevitable, and that the system used to classify inmates for housing safety purposes were inadequate, were insufficient to provide adequate notice to the sheriff and commander in order to sust ain an Eighth Amendment claim against them. Upon admission to the jail, the suspect had been asked if he had any enemies in the jail, if he needed any special care, or if he had ever assaulted anyone or was contemplating assaulting anyone, and the suspect answered "no" to each of these questions. (Morgan County Jail, Indiana)