On March 23, 1994, while returning to his cell from the medical unit, Ferguson was attacked in jail by a group of inmates. Ferguson suffered a broken nose and a swollen left eye. Prison officials had been notified by Kuby that an assault was imminent, and were in the process of following up on the warning when Ferguson was attacked. Kuby, who said he had been warned of the attack by another inmate, stated "the word was out. Everyone in the institution knew he was going to be set up." Kuby called the attack racially motivated, and later alleged some jail officials and guards had advance knowledge of the impending assault. Five inmates were charged with second-degree assault for their connection in the attack.