Facility who was assaulted after a guard allegedly told other inmates itwas “open season” on him may proceed with his civil rights claim againstthe guard, the U.S. Court of Appeals for the Second Circuit has ruled.Reversing a decision by WesternDistrict Judge William M. Skretny, the Second Circuit panel concluded inSnider v. Dylag, 98-2271, that the allegation by the inmate thathe had been injured as a result of the guard’s deliberate indifferenceto his safety was sufficient to support a claim under 42 U.S.C. � 1983.

While returning to his cellat Attica on June 30, 1997, the inmate, Raymond W. Snider, was punchedrepeatedly in the head and face by two or three inmates, and suffered twoblack eyes. He alleged that the assault occurred because, apparently ata prior time, Correctional Officer D. Dylag, had announced to a numberof inmates that it was “open season” on Mr. Snider.