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Tenth Circuit Holds “Consensual” Sex Defeats Prisoner’s Eighth Amendment Claim
Loaded on Oct. 10, 2014
by Mark Wilson
published in Prison Legal News
October, 2014, page 32
Filed under:
Staff-Prisoner Assault.
Location:
Oklahoma.
Tenth Circuit Holds “Consensual” Sex Defeats Prisoner’s Eighth Amendment Claim
by Mark Wilson
The Tenth Circuit Court of Appeals has held that a female prisoner’s “consensual” sex with two guards did not violate the Eighth Amendment.
Stacey Graham was housed in solitary confinement at a jail …
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More from this issue:
- News in Brief
- Investigation Uncovers Lost Graves at Former Florida Juvenile Facility, by David Reutter
- New York District Attorney Admits Lying About Acting in Porn Movies
- Nebraska DOC Obstructing Efforts to Modify Prisoners’ Child Support Payments
- Probe Reveals Corruption at Pennsylvania Jail
- California Prison Healthcare Costs Soar Under Federal Receiver
- Fifth Circuit Declares SORNA Unconstitutional in Certain Cases, Reversed by Supreme Court, by Matthew Clarke
- Pennsylvania Activists Arrested for Protesting Construction of New Prison Complex
- “Ban the Box” Movement Spreads Nationwide, by Joe Watson
- ICE Implements New Directive to Limit Solitary Confinement
- Seventh Circuit Upholds Dismissal of Illinois Booking Fee Challenge, by Mark Wilson
- Colorado: Sentencing Court May Override Sexually Violent Predator Risk Assessment Score, by Matthew Clarke
- Ninth Circuit Revives Ad Seg 24-Hour Lighting Claim, by Mark Wilson
- Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk, by Matthew Clarke
- Second Circuit: Spraying with Feces Not De Minimis Injury; $7,000 Settlement After Remand, by Mark Wilson
- Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto, by Matthew Clarke
- Ninth Circuit: Exhaustion Prior to Amended Complaint Satisfies PLRA, by Mark Wilson
- Former Wyoming Probation Officer Receives, Violates Probation, by Derek Gilna
- California Exhaustion Requirement Extends to Independent Contractors, by Mark Wilson
- Jail Video Visitation Proposal Considered in Dallas County, Texas
- Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles, by David Reutter
- Tenth Circuit Holds “Consensual” Sex Defeats Prisoner’s Eighth Amendment Claim, by Mark Wilson
- $8.15 Million Jury Award for Prisoner’s Death at New York Jail, by David Reutter
- California: Federal Judge Certifies Class-Action Over SHU Placement, Conditions, by Derek Gilna
- Alaska Filing Fee Statute Denies Prisoners Court Access, by Mark Wilson
- Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment, by David Reutter
- Prison and Jail Phone Reforms Needed in New Jersey, by Karina Wilkinson
- Class-Action Suit Claiming Inadequate Medical Care at Virginia Prison Set for Trial
- Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse
- Washington State: Injunction Entered Against Lewis County in PLN Censorship Suit
- Leading with Conviction: JustLeadershipUSA, by Glenn E. Martin
- How the Courts View ACA Accreditation, by Alex Friedmann
- Tennessee Senate Judiciary Committee Holds Hearings on Criminal Justice Reform
- Women in Solitary Confinement: “The Isolation Degenerates Us into Madness“, by Victoria Law
- From the Editor, by Paul Wright
- Texas Court Finds CCA Subject to State’s Public Information Act, Awards Attorney Fees
- $750,000 Settlement for Washington State Prisoner’s Wrongful Death, by Carrie Wilkinson
- In Washington State Prisons, Negligent Health Care Turns Illness into a Death Sentence, by Rick Anderson
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- $3 Million Settlement Reached with BOP for Attorney’s Fees in Sex Abuse Class-Action from Now-Shuttered California “Rape Club”, Aug. 1, 2026. Staff-Prisoner Assault, Attorney Fee Awards, Settlements, Consent Decrees, Class Actions.
- GAO Report Finds Rampant Sexual Abuse in Federal Prisons, Most Cases Unresolved, Aug. 1, 2026. Staff-Prisoner Assault, Prisoner-Prisoner Assault, DOC/BOP misconduct, Corrections Audits, Prison Rape Elimination Act.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.