Lowery v. Broward County Sheriff

Jail inmate Byron Lowery appeals the summary denial of his petition for writ of habeas corpus in which he complained about the conditions of his incarceration. Some of Lowery’s allegations clearly do not state a basis for relief. However, his claims that jail personnel have failed to protect his safety despite having witnessed an attack on him by another inmate and have imposed disciplinary sanctions against him for reporting the attacks, if true, are sufficient to allege violation of his right to due process and cruel and unusual punishment. Those allegations preclude summary denial of his…