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BURRELL v. HAMPSHIRE COUNTY

No. 02-1504.

307 F.3d 1 (2002)

Stephen BURRELL, Plaintiff, Appellant, v. HAMPSHIRE COUNTY; Frank Godek, individually and in his official capacity as corrections officer for the Hampshire County Jail/House of Corrections; Anthony Thomas, individually and in his official capacity as corrections officer for the Hampshire County Jail/House of Corrections; John A. Seaver, individually and in his official capacity as corrections officer for the Hampshire County Jail/House of Corrections; Robert Garvey, individually and in his official capacity as county sheriff for Hampshire County; and William A. Martinez, individually and in his official capacity as corrections officer for the Hampshire Jail/House of Corrections, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 4, 2002.

Attorney(s) appearing for the Case

Michael J. Schmidt, with whom Wheeler & Arey was on brief, for appellant.

Charles M. Maguire, Special Assistant Attorney General, for appellees.

Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Stephen Burrell was assaulted and severely beaten by David Allen, a fellow inmate, on December 2, 1997 while they were both pretrial detainees at the Hampshire County Jail/House of Corrections ("the Hampshire Jail"). Burrell brought a damages action under 42 U.S.C. § 1983 (2000) against certain jail employees and Hampshire County Sheriff Robert Garvey. He alleged that defendants had been deliberately indifferent to his health and safety...

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