Donald D. Hesselgesser v. William J. Reilly, Sheriff of Spokane County, Washington, E. Byron Franz, and Fidelity and Deposit Company of Maryland

HAMLEY, Circuit Judge:

The issue presented on this appeal is whether, in a civil rights action, the Sheriff of Spokane County, Washington, and his official bond, are liable in damages for the act of a deputy sheriff, serving as jailer, in depriving a prisoner of his civil rights. The jury said “yes,” and awarded the prisoner-plaintiff $12,500 damages against the sheriff and his surety, as well as against the deputy. The district court said “no,” and granted judgment n. o. v. for the sheriff and his surety. The plaintiff appeals. We say “yes,” and reverse.

The plaintiff is Donald D.…