PEATE v. McCANN

No. 00-2839.

294 F.3d 879 (2002)

Joey A. PEATE, Plaintiff-Appellant, v. Steve McCANN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 2002.


Attorney(s) appearing for the Case

Nathaniel Cade, Jr. (argued), Gordon P. Giampietro, Michael Best & Friedrich, Milwaukee, WI, for Plaintiff-Appellant.

Monika Prekopa Talbot (argued), Office of Atty. General, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM, Chief Judge, and POSNER and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Joey Peate is serving a sentence at the Miami Correctional Facility in Bunker Hill, Indiana. On July 2, 1999, while confined there, another inmate attacked Peate twice. Although Peate does not blame any prison officials for the first attack, he argues that Sergeant Steve McCann, a correctional officer, violated his rights under the Eighth and Fourteenth Amendments by facilitating and failing to break up the second attack with deliberate...

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