Marty Cortez v. Bill Skol

Contrary to prison policy and the training he provided others, Corrections Officer Bill Skol escorted three mutually hostile, half-restrained, high-security inmates by himself through an isolated prison passage known as “no man’s land.” Two of the inmates attacked the third, Philip Cortez, and stomped on the back of his head for five minutes as he lay face down and handcuffed on the ground. The attack left Cortez with severe, permanent mental impairment. His mother brought suit on his behalf, alleging a § 1983 claim against Skol and a gross negligence claim against the State of Arizona. The district court granted summary judgment to Defendants. Because there is evidence that creates genuine factual disputes for trial, we reverse.

I. Background

We begin with some foundational facts that are-not in dispute.

In 2007, Bill Skol was a visitation officer assigned to the Morey Unit of Arizona’s Lewis Prison Complex. In that role, he was responsible for escorting inmates between their housing units and the visitation building.

Of the approximately 850 inmates assigned to the Morey Unit, about 160 were housed in its detention unit, which was designed to segregate certain…