What is the test for sexual assault by a prison employee in the context of the Eighth Amendment?
The following excerpt is from Rivera v. Lozano, Case No. 1:15-cv-01887-JLT (PC) (E.D. Cal. 2016):
"At its core, the Eighth Amendment protects 'the basic concept of human dignity' and forbids conduct that is 'so totally without penological justification that it results in the gratuitous infliction of suffering.'" Wood, 692F.3d at 1050-51, quoting Gregg v. Georgia, 428 U.S. 153, 182-83, 96 S.Ct. 2909 (1976). Sexual assault on a prisoner by a prison employee is always "deeply 'offensive to human dignity' " and is completely void of penological justification.
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Schwenk, 204 F.3d at 1196.
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