Shields v. Dart, No. 11-2336 (7th Cir. 2011)
Annotate this CaseA pretrial detainee in a maximum security area expressed concern for his safety and was moved to an area for detainees charged with possessing weapons in jail. He later reported that detainees were bringing weapons into particular cells, but a search uncovered no weapons. The following week he was falsely identified by an officer, within hearing of other detainees, as a gang leader. He was stabbed days later. An officer called for back-up immediately. While waiting, she stood in a secure area and did not try to stop the attack. Additional officers arrived 15 or 20 minutes later. The district court entered summary judgment for defendants in a suit under 42 U.S.C. 1983. The Seventh Circuit affirmed. Plaintiff failed to show that defendants were deliberately indifferent to a substantial risk. A general risk of violence in a maximum security unit does not itself establish knowledge of a substantial risk; plaintiff did not report any problems with fellow detainees or fear of attacks after being moved. A prison guard, acting alone, is not required to take the unreasonable risk of attempting to break up a fight if circumstances indicate that such action would put her in significant jeopardy. The response delay is "most troubling," but insufficient to constitute deliberate indifference.
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