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Beers-Capitol v. Whetzel

In a Section 1983 civil rights case brought against the employees of a detention facility for juveniles, summary judgment in favor of four of the defendants affirmed because evidence proffered by plaintiffs failed to raise an inference that they knew of the significant risk of harm to plaintiffs; summary judgment as to a fifth defendant reversed because she knew of the potential significant risk to plaintiffs but did not adequately respond to the risk.

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Argued: February 5, 2001

OPINION OF THE COURT

Plaintiffs Amie Marie Beers-Capitol and Aliya Tate, two female former residents at the Youth Development Center at New Castle, Pennsylvania (YDC), a detention facility for juveniles run by the Pennsylvania Department of Public Welfare, appeal from the District Court’s grant of summary judgment against them in this 42 U.S.C. � 1983 civil rights lawsuit that they brought against various YDC employees and supervisors. During their time at YDC, the plaintiffs were sexually assaulted by Barry Whetzel, a YDC employee who was working as a youth development aide at the time he committed the assaults. Whetzel was eventually convicted of criminal charges arising out of these incidents. Beers-Capitol and Tate then brought a civil rights action alleging violations of their Eighth Amendment rights and naming as defendants: Whetzel; three of his supervisors, Robert Liggett, the Executive Director of YDC, Charles Earnhart, a YDC director, and Joseph Flecher, a YDC manager; and two of his co-workers, Nora Burley, a YDC counselor, and Shirley Robinson, a YDC youth development aide. After the District Court granted summary judgment in favor of all of the other defendants, the plaintiffs won a judgment of $200,000 against Whetzel.

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