Laron Ball was on trial during May 2002 for murder. Ball had threatened mayhem if convicted, so the court took extra precautions, including extra deputy sheriffs and fitting Ball with a stunbelt. Steven Gunn and Andrew Halstead, the two deputy sheriffs normally assigned to the courtroom of Jacqueline Schellinger, the judge presiding over Ball’s trial, considered the steps needed to secure and maintain the stunbelt an irritating hindrance. On May *512 29 Gunn and Halstead decided to take Ball to court without the belt; they did not inform the other deputy sheriffs of this decision. The jury returned its verdict that day, pronouncing Ball guilty. Ball leapt into the jury box and grabbed a gun from deputy sheriff Michael J. Witkowski, who had been posted there for additional security. Ball shot Witkowski in the leg; before he could do worse, Ball was himself shot and killed by a detective.
Witkowski contends in this action under 42 U.S.C. § 1983 that Gunn, Halstead, two of their supervisors, and the county where court was being held all violated his rights under the due process clause of the fourteenth amendment by reducing the security precautions with “deliberate indifference” to the risk that Ball posed. (Gunn and Halstead not only failed to attach the stunbelt on May 29 but also were outside the courtroom when the jury returned its verdict, an especially dangerous moment given the nature of Ball’s threats.) The district judge granted judgment on the pleadings, see Fed.R.Civ.P. 12(c), to all defendants, ruling that the Constitution does not assure public employees a safe place to work.
Witkowski v. Milwaukee County,
Witkowski was paid to protect judges and the public from the likes of Ball. To the extent this exposed him to a personal risk he took it willingly, in exchange for pay and fringe benefits. The Constitution does not entitle him to more medical benefits and insurance than what he agreed to accept. “Neither the text nor the history of the Due Process Clause supports [a] claim that the governmental employer’s duty to provide its employees with a safe working environment is a substantive component of the Due Process Clause.”
Collins v. Harker Heights,
Neither Gunn nor Halstead shot Wit-kowski; Ball did. The most one can say is that Gunn and Halstead failed to protect Witkowski (and everyone else in the courtroom) from Ball.
DeShaney
holds that public failure to protect someone from private predation is not a “constitutional tort.” We had anticipated
Collins
and
DeShaney
in
Walker v. Rowe,
Despite acknowledging that no decision in this circuit (or in any circuit after
Collins)
has awarded damages under § 1983 to a public employee injured in the line of duty, Witkowski maintains that all of these cases may be put to one side because his complaint alleges that Gunn and Halstead acted intentionally, recklessly, or with deliberate indifference (a form of intent, see
Farmer v. Brennan,
Allegations of intent do not distinguish
Wallace,
for the guard in that case alleged
*513
that supervisors knew of the special danger he faced from a given inmate and placed him in the same cell block as that inmate anyway. Nor does it distinguish
Walker,
where the prison guard alleged that a supervisor, knowing that a riot was under way in the prison, deliberately refused to issue guards with the weapons needed to defend themselves. Or
Collins,
where the plaintiff alleged that the city deliberately failed to train the workers in safe procedures. More importantly, the line of argument fundamentally misunderstands the point of
DeShaney, Collins,
and the state-created-danger cases, such as
Monfils v. Taylor,
DeShaney
held, and
Collins
reiterated, that the Constitution does not require the government to protect citizens from privately created danger. It may, however, demand protection if the state disables people from protecting themselves; having rendered someone helpless, the state must supply the sort of defenses that the person could have provided on his own. So, for example, if the state imprisons someone and prevents him from obtaining medical care from private physicians and hospitals, then the state must supply medical care for serious problems. See
Estelle v. Gamble,
All of these cases are variations on the principle that “if the state puts a man in a position of danger from private persons and then fails to protect him ... it is as much an active tortfeasor as if it had thrown him into a snake pit.”
Bowers,
This is not to say that public employees are beyond the Constitution’s protection. Suppose Witkowski had alleged that Milwaukee County exposed him to extra risks because he had campaigned against the County’s political leaders or because of his race. Such allegations would state a legally sufficient claim under the first amendment or the equal protection clause of the fourteenth. See
Collins,
Affirmed.
