DES MOINES, Iowa (AP) – A trial has been ordered in a lawsuit filed by an inmate who claims the state didn’t protect him from being assaulted by another prisoner. The Iowa Supreme Court today (Friday) rejected the state’s request to have the lawsuit filed by Kevin Walker dismissed. Walker was knocked unconscious and his jaw broken during an assault at the Clarinda Correctional facility in 2005.

He claims prison staff knew of threats against him and violated prison rules by not taking action to protect him. Walker’s attorney says his client suffered severe depression and post traumatic stress because of the assault.