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Denial of Summary Judgment in 1983 Action Affirmed

By Shari Allison

Hostetler v. Green, 2009 WL 997426 (4/15/09) (unpub'd) - In a § 1983 case, the question whether the district court properly relied on a particular fact to determine the officer's subjective knowledge was a question of law. The district court correctly considered whether the guard violated prison policy when he left a male trustee inmate alone in a cell with a female prisoner. Violation of the policy supports the inference that the officer was aware of the increased risk of sexual assault when the policy is violated.

Full post as published by Tenth Circuit Blog on April 28, 2009 (boomark / email).