(DOWNLOAD) "Weiss V. Cooley" by Seventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Weiss V. Cooley
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 22, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Morritz Weiss was the principal suspect in a highly charged and well publicized case involving the rape of a 15-year-old African-American girl near Indianapolis. The present case concerns the treatment he received from three officers--Brad Cooley, Sheriff Terry Weddle, and Jail Commander Guy Fogelman--while he was in custody at the Morgan County, Indiana, jail before his trial. In short, he claims that the jail officials put him with other inmates who the officials knew would attack him, and who in fact did attack him. Weiss filed suit under 42 U.S.C. sec. 1983, claiming that the officers in so doing violated his constitutional rights. The district court dismissed his claims against Weddle and Fogelman under 28 U.S.C. sec. 1915A, on the ground that the complaint failed to allege facts that would amount to "deliberate indifference." It then granted summary judgment in Cooley's favor. We conclude that the district court properly dismissed the claims against Weddle and Fogelman, though not because of any lack of facts per se, but that there were genuinely disputed facts in the case against Cooley. We therefore affirm in part and reverse and remand in part for further proceedings.