United States Ninth Circuit

In an inmate's civil rights suit alleging constitutional violations of the First, Fourth, and Eighth Amendments, claiming that a female prison guard perpetrated sexual acts on him without his consent, district court's grant of summary judgment in favor of the defendants is reversed in part, and remanded, as the inmate's allegations are sufficient to state an Eighth Amendment claim, because he has alleged sexual abuse by the prison guard and is thus entitled to a presumption that the conduct was not consensual and the state has not met its burden to show that the conduct was not coercive. However, the district court's grant of summary judgment on the inmate's deliberate indifference and retaliation claims is affirmed.

Appellate Information

• Decided 09/04/2012
• Published 09/04/2012

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel