Castillo v Day

Castillo and other inmates sued day, another corrections officer and other defendants alleging deliberate indifference to their right to not be raped while incarcerated. Day and the other officer moved for judgment based on qualified immunity. The district court denied their motions. The panel dismissed in part and affirmed in part. As to Day, the panel held the appeal involved a challenge to the district court’s determination that Castillo presented enough evidence to survive summary judgment and the panel lacks jurisdiction over that ruling. As to the other officer, the panel held that a guard who fails to take reasonable steps to protect prisoners from a known risk of rape by another guard can be liable for damages and the panel lacked jurisdiction over the ruling that there is sufficient evidence of indifference to defeat summary judgment.