Uvion Junior v. Summer Anderson
2013 U.S. App. LEXIS 15573
| 7th Cir. | 2013Background
- Pretrial detainee sues Cook County Jail guard Anderson under 42 U.S.C. § 1983 for failure to protect from inmate attack.
- Plaintiff was attacked at about 6:50 p.m. after being released from the dayroom; attackers came from both rows, including at least one from a cell noted as not securely locked.
- The tier had two rows of five? ten cells; only half the tier could be in the dayroom at a time to limit detainee incidents.
- Anderson monitored a locked control panel showing two cells not securely locked, logged “security risk,” but did not take further action.
- Plaintiff alleges Anderson left her post for about 15–20 minutes and did not ensure corridor lighting or secure supervision during the release.
- District court granted summary judgment to Anderson on the failure-to-protect claim; court later remanded for potential counsel presence; plaintiff’s request for counsel on remand is central to the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in granting summary judgment on deliberate indifference. | Plaintiff argues evidence supports deliberate indifference under Farmer v. Brennan. | Anderson contends insufficient evidence of a specific, impending threat. | No; remand warranted to resolve triable facts. |
| Whether counsel should have been appointed for the plaintiff on remand. | Plaintiff needed counsel to obtain evidence and depose the defendant. | Defendant argues no right to appointed counsel at summary-judgment stage. | Court reversed and remanded to recruit counsel under 28 U.S.C. § 1915(e)(1). |
| Whether the court properly considered hearsay and evidentiary gaps affecting the claim. | Plaintiff’s deposition testimony about requests to release others and observations should be admitted. | Defense argues limited admissibility of hearsay and gaps were harmless. | Court identified evidentiary gaps warranting trial and potential counsel. |
Key Cases Cited
- Dutton v. Evans, 400 U.S. 74 (U.S. Supreme Court 1970) (hearsay distinction clarified: out-of-court statements offered for truth are hearsay; testimony about what was heard is permissible when not offered for truth.)
- Farmer v. Brennan, 511 U.S. 825 (U.S. Supreme Court 1994) (deliberate indifference standard for inmate or detainee safety.)
- Pavlick v. Mifflin, 90 F.3d 205 (7th Cir. 1996) (illustrates conscious disregard and security-risk considerations.)
- Zarnes v. Rhodes, 64 F.3d 285 (7th Cir. 1995) (discusses appointment of counsel where prisoner investigation is limited by distance.)
- Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993) (procedure for appointing counsel in civil rights cases.)
- Montgomery v. Pinchak, 294 F.3d 492 (3d Cir. 2002) (expands considerations for counsel to aid proven prisoners.)
- Santiago v. Walls, 599 F.3d 749 (7th Cir. 2010) (counsel appointment considerations in prison litigation.)