Peate v. Mccann

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 indifference to Peates safety. The district court, after permitting only limited discovery, granted McCanns motion for summary judgment. We conclude that this disposition was premature and therefore reverse the grant of summary judgment.