- Associated Press - Tuesday, January 27, 2015

TUCSON, Ariz. (AP) - A federal appeals court has revived a lawsuit which accused Arizona prison officials of failing to protect an inmate who was brutally stomped by two other inmates while a single corrections officer escorted the three inmates within the Lewis prison complex in Buckeye.

The 2007 attack left inmate Philip Cortez with severe and permanent mental impairment, and his mother filed a lawsuit alleging gross negligence by the state and the corrections officer.

A federal judge in Tucson issued a pretrial ruling in favor of the state and the officer, but the 9th U.S. Circuit Court of Appeals on Monday overturned that ruling by District Jennifer Zipps.

The appellate court ruled that there are factual issues that need to be decided, including whether the officer knew about hostility among the inmates.

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