Genaro Lopez v. Kenneth Lemaster, Individually and as Sheriff of Jackson County

BARRETT, Senior Circuit Judge.

Plaintiff-appellant Genaro Lopez appeals from the district court’s order granting summary judgment to defendant-appellee Kenneth LeMaster on appellant’s complaint brought pursuant to 42 U.S.C. § 1983. 1 We affirm in part, reverse in part and remand for further proceedings.

On October 1, 1997, appellant was arrested and placed into a general population cell in the Jackson County, Oklahoma jail. That evening, another inmate in the jail poked appellant in the stomach with a broom and accused him of “messing with” the inmate’s sister and mother. The inmate also spit…