Connie Lee McGhee v. Dale Foltz, Warden, State Prison of Southern Michigan, Individually and in His Official Capacity

LIVELY, Circuit Judge.

This is an appeal by the warden of a Michigan medium security prison from a judgment for damages in favor of an inmate who was assaulted while standing in the gallery outside his cell. Following a bench trial the district court found that there was a pervasive risk of harm in the prison to which the warden failed to respond by providing adequate staffing in the plaintiffs cell block. This failure was found to constitute deliberate indifference to the plaintiff’s constitutional right to be free of cruel and unusual punishment as guaranteed by the Eighth Amendment. We…