What is the current state of the law on sexual assault by a corrections officer?

MultiRegion, United States of America

The following excerpt is from Riley v. Guerrero, Case No. 1:19-cv-01643-BAM (PC) (E.D. Cal. 2020):

Plaintiff alleges that Defendant Mendez sexually assaulted Plaintiff in violation of the Eighth Amendment. "Sexual harassment or abuse of an inmate by a corrections officer is a violation of the Eighth Amendment." Wood v. Beauclair, 692 F.3d 1041, 1046 (9th Cir. 2012) (citing Schwenk v. Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000)). "In the simplest and most absolute of terms ... prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ...." Schwenk, 204 F.3d at 1197. "In evaluating a prisoner's claim, courts consider whether 'the officials act[ed] with a sufficiently culpable state of mind' and if the alleged wrongdoing was objectively 'harmful enough' to establish a constitutional violation." Wood, 692 F.3d at 1046.

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