092700P.pdf 06/10/2010 Cody Davis v. Oregon County
U.S. Court of Appeals Case No: 09-2700
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Bye, Author, with Arnold and Colloton, Circuit Judges]
Civil case - civil rights. In action by a pretrial detainee alleging the sheriff failed to ensure his safety after a fire broke out at the jail, the district court did not err in granting the sheriff's motion for summary judgment; even if the fire was caused by inmates'smoking, the jail's anti- smoking policy and the officers' efforts to curb the use of contraband demonstrated no deliberate indifference to a substantial risk to plaintiff's safety; jail's inoperable sprinklers and lack of extra fire equipment did not amount to deliberate indifference in light of the jail officers' efforts to prevent contraband and the presence of fire extinguishers and smoke detectors; failure to provide additional safety training did not constitute deliberate indifference to plaintiff's safety; under the circumstances, the sheriff's safety-related decisions were discretionary in nature, and he was entitled to official immunity on plaintiff's negligence claims.