McGowan v. Herbert et al.

The district court dismissed Anthony McGowan’s claims, keeping him from being able to hold jail officials accountable in court after they failed to protect him from a brutal, foreseeable, and preventable attack. The MacArthur Justice Center is fighting to provide a check against cursory dismissal of meritorious prisoner lawsuits at the screening stage, which results in less accountability for egregious misconduct by jail and prison officials.

While awaiting trial, Mr. McGowan began to experience daily threats and assaults from other detainees at the Berrien County Jail in Nashville, Georgia, for “snitching” in a double homicide case. In fact, the individual he provided information against had put a price on his head, incentivizing other detainees to assault and kill him. Mr. McGowan informed jail officials, who briefly put him in protective custody, but despite his pleas to stay there, jail officials forced him to return to the same dorm where he had previously been housed. Less than a month later, Mr. McGowan was brutally assaulted by another detainee who knew that Mr. McGowan had provided testimony to the government.  

Proceeding pro se, Mr. McGowan brought a civil suit against the Berrien County Jail classification officer and sheriff, alleging that they violated his Fourteenth Amendment rights by failing to protect him from the assault. But the district court dismissed the claims before defendants had even been served in the case, reasoning that defendants weren’t on notice that Mr. McGowan faced a threat from the particular individual who ultimately attacked him.    

The MacArthur Justice Center, along with co-counsel from Wiggin and Dana, represented Mr. McGowan in appealing that decision to the U.S. Court of Appeals for the Sixth Circuit.

UPDATE

The Sixth Circuit reversed the district court opinion, recognizing that because Mr. McGowan’s reputation as a “snitch” was common knowledge, he had sufficiently alleged that the jail knew of an obvious, substantial risk to his safety. Mr. McGowan is now able to pursue his claims against the classification office and sheriff.