The U.S. Court of Appeals for the 11th Circuit affirmed a summary judgment obtained by Michael Shelley and Richard Jones in the Southern District of Florida. In Rodriguez v. Akal Security, Inc., the plaintiff, a detainee at a federal detention center, was seriously injured after climbing to the top of a piece of gym equipment installed in the detention center and either falling or jumping from it. The plaintiff alleged that the contractor was negligent in failing to supervise him, provide him instruction in the use of a piece of gym, or otherwise warn him of a dangerous condition. The 11th Circuit affirmed the summary judgment for the defendant, finding on a de novo review that the danger created by the gym equipment was open and obvious and that the plaintiff was the proximate cause of his own injuries.
The case is Rodriguez v. Akal Security, 534 Fed.Appx. 921 (11th Cir. 2013)