Facts

On Feb. 15, 2007, plaintiff Eldridge Payne, was incarcerated in the Orange County Men's Central Jail. On Feb. 18, 2007, plaintiff was attacked by several inmates housed with him in his cell. Inmates report that plaintiff exclaimed he was from Los Angeles and that Orange County inmates were "soft."

Plaintiff's causes of action included violation of Fourth Amendment Right to protection from physical injury; violation of Fourth Amendment Right to Freedom from unreasonable or excessive force, and from cruel and unusual punishment; violation of Fourteenth Amendment / deprivation of liberty without due process of law; general conditions of confinement; inadequate medical care; and Monell.

Defendants filed a motion for summary adjudication on Nov. 15, 2010, seeking dismissal of plaintiff's causes of action under the qualified immunity doctrine.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the County of Orange and multiple Orange County Jailers were deliberately indifferent to his safety because they failed to prevent the attack.

DEFENDANTS' CONTENTIONS:
Defendants contended that no Orange County Deputy had knowledge that plaintiff would be attacked by other inmates, and thus, could not have been deliberately indifferent to plaintiff's right to safety. Furthermore, if no underlying constitutional right was violated (i.e. Fourteenth Amendment Right to Protection), then the remainder of plaintiff's claims failed.

Injuries

As a result of the attack, plaintiff is now paralyzed from the waist down.

Result

On Feb. 16, 2011, the court granted defendants' motion for summary adjudication, thereby dismissing plaintiff's lawsuit.

Other Information

FILING DATE: Feb. 17, 2009.