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Grabbing Prisoner’s Buttocks Not Sexual Assault
Several civilian maintenance workers grabbed the plaintiff's buttocks briefly. This conduct did not violate the Eighth Amendment because there is no evidence that the plaintiff suffered anything more than a brief unwanted touch. The plaintiff submits no evidence except his own characterization to show that it was a sexual assault. No objectively serious injury, physical or psychological, was shown to have resulted.
At 1076: "Certainly, sexual or other assaults are not a legitimate part of a prisoner's punishment, and the substantial physical and emotional harm suffered by a victim of such abuse are compensable injuries." See: Berryhill v. Schriro, 137 F.3d 1073 (8th Cir. 1998).
At 1076: "Certainly, sexual or other assaults are not a legitimate part of a prisoner's punishment, and the substantial physical and emotional harm suffered by a victim of such abuse are compensable injuries." See: Berryhill v. Schriro, 137 F.3d 1073 (8th Cir. 1998).
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Related legal case
Berryhill v. Schriro
| Year | 1998 |
|---|---|
| Cite | 137 F.3d 1073 (8th Cir. 1998) |
| Level | Court of Appeals |
| Injunction Status | N/A |