Legal Opinion

FORMAN v. MONTGOMERY COUNTY CORRECTIONAL FACILITY

District Court, E.D. Pennsylvania

Decided February 7, 2020No. 2:19-cv-05300Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DERRICK FORMAN : CIVIL ACTION v. NO. 19-5300 MONTGOMERY COUNTY CORRECTIONAL FACILITY, et al. : MEMORANDUM KEARNEY, J. February 7, 2020 Correctional officers ignoring a psychiatric care inmate’s protests about being placed in a medical cell with a naked masturbating inmate with a history of assaulting cellmates and who then sexually assaults him may be liable to the protesting inmate for deliberative indifference or failure to protect. He may sue state actors with personal knowledge or who may be liable under a theory…

2Cases cited35 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Kentucky v. GrahamSupreme Court of the United States · 1985
  5. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986

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