Judge W. Brooks DeBow
Incarcerated claimant sought compensation for his injuries he alleged resulting from a sexual assault by his cellmate. He argued he requested a single-cell after he claimed he was victim-prone, as he was previously housed in protective custody because “his life was in danger” and he previously was sexually assaulted by a cellmate. An investigation revealed assaults were due to claimant being labeled a snitch by gang members, not because he was “sexually vulnerable,” concluding claimant was “manipulating the system in an attempt to be single celled.” The court found no evidence at trial supported claimant’s allegations that he was “victim-prone.” It noted an attack may have been foreseeable if claimant was double-celled with an inmate who either previously threatened him, or were members of the Bloods gang. Also, there was no proof the cellmate was either a gang member, as alleged, or a homosexual predator. Hence, the court ruled the state was not liable to claimant for his injuries.