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Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape

Loaded on Dec. 15, 2007

Filed under: Staff-Prisoner Assault, Disabled Prisoners, Staffing, Civil Procedure, Damages, Municipal Liability. Location: Maryland.

The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges.

A policy of "cross-gender guarding" is not unconstitutional, and the municipality cannot be held liable for it. ...

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