Plaintiff filed a lawsuit alleging violations of the Fourteenth Amendment’s Due Process Clause after he was seriously injured by a fellow resident at an Illinois facility. Plaintiff alleged that three security officers present during the attack violated his constitutional rights when they failed to protect plaintiff from the other resident. A jury returned a verdict in favor of the defendant and plaintiff appealed, arguing that the district court erred when it instructed the jury that success on a failure-to-protect claim required showing that the officers were subjectively aware that the other resident presented a risk of harm. The Seventh Circuit agreed that the jury instruction was incorrect, but affirmed by finding that plaintiff was not prejudiced by the error because the events leading to plaintiff’s injury was unexpected and no reasonable officer could have anticipated the attack or taken different measures to protect the plaintiff. (RIPPLE and JACKSON-AKIWUMI, concurring)
Federal 7th Circuit Court
Civil Court
Jury Instructions