What is the current state of the law on sexual harassment in prison?
MultiRegion, United States of America
The following excerpt is from Rials v. Lozano, No. 2:19-cv-2152 TLN CKD P (E.D. Cal. 2020):
omitted). "[A] prisoner presents a viable Eighth Amendment claim where he or she proves that a prison staff member, acting under color of law and without legitimate penological justification, touched the prisoner in a sexual manner or otherwise engaged in sexual conduct for the staff member's own sexual gratification, or for the purpose of humiliating, degrading, or demeaning the prisoner." Bearchild v. Cobban, 947 F.3d 1130, 1144 (9th Cir. 2020).
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