151540P.pdf   07/20/2016  Tamela Montgomery  v.  City of Ames
   U.S. Court of Appeals Case No:  15-1540
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Colloton, Author, with Wollman and Melloy, Circuit Judges] 
   Civil case - Civil rights. For the court's prior opinion in the matter, 
   see Montgomery v. City of Ames, 749 F.3d 689 (8th Cir. 2014). In an action 
   brought by a woman assaulted by a man residing in a halfway house operated 
   by the State of Iowa in Ames, the district court did not err in granting 
   summary judgment for the State, the center, the center's manager and the 
   director of the Iowa Department of Corrections, as: (1) there was no 
   evidence the center's manager had any knowledge of the man's actions in 
   abusing plaintiff or violating protective orders, and he cannot be held 
   liable under Section 1983 for constitutional violations of a subordinate 
   on a respondeat superior theory; (2) there was insufficient evidence that 
   his subordinates were deliberately indifferent to a known or obvious 
   substantial risk of harm to plaintiff when they authorized the assailant 
   to visit a local grocery store (he instead went to plaintiff's home and 
   committed the assault); (3) plaintiff failed to establish that the manager 
   or the employees of the center created a new danger to plaintiff or 
   increased the danger the man posed to her; (4) the claim against the 
   Director of the Department of Corrections failed for insufficient evidence 
   as he had no personal knowledge of the situation and he cannot be held 
   liable for failure to train or implement adequate policies in the absence 
   of a constitutional violation by the staff; and (5) the claims against the 
   State and the Center are barred by the Eleventh Amendment.