D. S. v. County of Montgomery, State of AL

This case arises from the alleged rape of D.S., who at the time was eleven years old and a detainee at the Montgomery County Youth Facility (“MCYF”), by a fellow juvenile detainee. D.S., through his mother and then a guardian ad litem, brought suit against Montgomery County, Alabama (the “County”), which operates MCYF, and detention officers Milton Webb, Charlie Terrell, and Darryl Andrews. D.S. asserted claims under 42 U.S.C. § 1983 and various state law tort theories.

Webb, Terrell, Andrews, and the County brought this interlocutory appeal from the district court’s order denying in part…