Q: Can an inmate sue for a Corrections Officer's deliberate indifference?
Early in the morning while inmates were asleep, one inmate took a broom and broke it over the face of a sleeping inmate. Then took the broken end of the broom and hit another inmate sleeping in the next bunk across the head. As other inmates close to the area woke up, the offender paced back and forth in front of the CO's "bubble" or office. The CO was watching a movie. As the offender paced the length of the 70 man dorm, other inmate ran to the CO's "bubble" and banged on the window asking for help. The CO said "F-- off" and waved them off. This continued for 2 hours, all on surveillance cameras, with the offender striking several more inmates. The Plaintiff then woke up, and unaware of the issue, walked out of his cell and towards the restroom that was by the CO's bubble when the offender struck him several times in the head and hands. After continued pleas from the injured inmates, the CO called for assistance and several CO's then entered and pepper sprayed the offender.
A: Perhaps. But all these internal disputes between inmates are very difficult to prove because each inmate's stories keep changing all the time.
A: If those facts are provable, YES, those who were injured after the CO was clearly made aware of the situation and refused to take action have potential claims against the department and/or the CO.
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