U.S. appeals court: prisoner on prisoner assault.

Berry v. Sherman, 365 F.3d 631 (8th Cir. 2004). An inmate who was attacked by his cellmate brought a civil rights suit against correctional officers, alleging violation of his equal protection rights and failure to protect. The district court entered summary judgment in favor of all officers on the equal protection claim, but denied qualified immunity to certain officers for the failure to protect claim. The officers appealed and the appeals court reversed. The appeals court held that the inmate failed to show that officers knew of a substantial risk of harm to him as the result of his complaints about his cellmate's hygiene, and a report from another inmate that the cellmate had a knife. The court noted that officers searched the cell for the knife, and that the inmate repeatedly refused protective custody. (Northeast Correctional Center, Missouri)