Jail officer’s knowledge of a potential policy violation by a medical care contractor was not enough to prove knowledge of a substantial risk of a constitutional violation under 42 USC section 1983.

A jail officer was present outside of a privacy curtain while a male medical care contractor was providing medical care to a female inmate in the absence of a chaperone, which was contrary to policy. The jail officer reported the potential policy violation and, on at least one occasion, asked a nurse to check in behind the privacy curtain. Even though a sexual assault was later determined to have occurred, the Sixth Circuit Court of Appeals found knowledge of potential policy violation is not enough to evidence the required knowledge of a substantial risk of sexual assault in order to hold the jail officer liable for a constitutional violation. As such, the trial court properly granted summary judgment to the jail officer.

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