Denial of Summary Judgment in 1983 Action Affirmed

Hostetler v. Green, 2009 WL 997426 (4/15/09) (unpub'd) - In a § 1983 case, the question whether the district court properly relied on a particular fact to determine the officer's subjective knowledge was a question of law. The district court correctly considered whether the guard violated prison policy when he left a male trustee inmate alone in a cell with a female prisoner. Violation of the policy supports the inference that the officer was aware of the increased risk of sexual assault when the policy is violated.