Deputy not entitled to immunity if he is deliberately indifferent to sexual assault on prisoner
Russell Bishop sued several Macomb County deputies and jail officials after he was abused by a fellow prisoner in the Mental Health Step-down Unit of the jail. His claims of abuse at the hands of a prisoner with a record of multiple felonies and criminal sexual asault were corroborated by fellow prisoners. Nevertheless, Bishop suffered from severe mental illness and was not able to identify the particular guards to whom he had allegedly complained. The District Court dismissed Bishop's claims, except insofar as they addressed Deputies controlling the Mental Health Unit. The Deputies involved with that Unit appealed. The Sixth Circuit Appellate Court held that a Deputy does not enjoy immunity for failing to intervene to halt injury by a fellow prisoner. Nevertheless, given the vagueness of Bishop's memory and testimony, the Court found adequate factual evidence to maintain Bishop's case against only one of the Deputies and dismissed the remaining defendants.