Unpublished Disposition, 872 F.2d 430 (9th Cir. 1983)

MEMORANDUM^** 

Cary Shuker appeals from the grant of a directed verdict for the defendants at the close of his case for violation of his civil rights under 42 U.S.C. § 1983. We reverse and remand.

PROCEEDINGS

Cary Shuker was a civil detainee from Riverside County transferred on September 30, 1983 to Los Angeles County Jail en route to Nevada County. He had been arrested for failure to make about $6,000.00 back payments for child support. The defendant John Wilson was a deputy sheriff in the Los Angeles Sheriff's Department. On September 30, 1983 he was the searching deputy, also known as the lead deputy, at the Booking Front Section of the Inmate Reception Center attached to the Men's Central Jail.

According to Shuker's testimony he told a guard that he was a civil case and should not be housed with criminals. He heard a guard say, "We're not going to change all this paperwork. Just run him on through, nobody will know the difference." He was then searched by a deputy whom he identified as John Wilson. As he was searched he told Wilson, "I'm a civil case." Wilson struck him in the groin. He felt that he was going to pass out. He was afraid to say anything more.

He was then placed in a jail with criminal defendants. There were about 80 of them. He was first threatened by one fellow prisoner with homosexual intercourse. He was then struck twice in the jaw by a prisoner.

John Wilson testified that he knew it was the policy of the sheriff to place civil detainees in a different section from those charged with other crimes. He denied he knew the reason for this policy. If Wilson was aware that a person was a civil detainee he would draw it to the attention of a supervisor. He himself did not have the authority to classify prisoners. The document concerning Shuker furnished to the Inmate Reception Center contained no information as to the charges against Shuker but merely stated that he was "en route to Nevada County."

The district court stated as a conclusion of law that Shuker had "failed to present any evidence showing that Deputy Wilson's actions caused him to be assigned to the section of the jail normally used to house criminal detainees." He therefore directed a verdict in favor of Wilson.

ANALYSIS

Shuker presented evidence, which it was the function of the jury to assess, that he had informed Wilson of the civil status of his case, had been attacked by Wilson and had been intimidated by him from speaking out again. If Shuker's testimony is believed, Wilson acted with deliberate and indeed outrageous indifference to his safety. Wilson's responsibility was not terminated if the infliction of injury by criminal defendants could reasonably have been foreseen by him--a jury question. The jury should have been permitted to make its own evaluation of Shuker's and Wilson's credibility and to draw the inferences that the segregation of civil detainees from criminal defendants was for the safety of the civil detainees and that Wilson knew or should have known that he was exposing Shuker to the risk of serious harm by preventing him from being correctly assigned.

No fees are due on this appeal. Shuker has not prevailed on the merits. No sanctions are appropriate. We note that, contrary to Shuker's brief, p. 17, Wilson did not admittedly do anything to Shuker.

REVERSED AND REMANDED.