One correctional officer was assigned on the floor. The other was in a control booth that was suspended 5 feet above the correctional officer on the floor. The correctional officer on the floor informed the one in the control booth that he was going to get water down the hall. The correctional officer in the booth stated "okay". The correctional officer on the floor proceeded to get water. As the correctional officer received the water, an inmate started walking down that hall that was obviously assaulted. The correctional officer in the booth states that he did not see anything, though he has view of all 130 inmates. Though the policy states that a correctional officer can not leave the floor unless properly relieved, there was no one to relieve the correctional officer to receive water. The water fountain is only approximately 1 minute away from the floor.
Is the correctional officer that was assigned to the floor liable for the injuries that the inmate received?

