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Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse
Loaded on May 3, 2019
by Matthew Clarke
published in Prison Legal News
May, 2019, page 56
Filed under:
Sexual Assault,
Staff-Prisoner Assault,
Sexual Harassment,
Qualified Immunity.
Location:
United States of America.
by Matt Clarke
On February 15, 2019, the Sixth Circuit Court of Appeals upheld a district court’s denial of qualified immunity to an Ohio jail guard who allegedly ordered a prisoner to expose herself and masturbate for him.
Michele L. Rafferty and Katie L. Sherman were in …
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More from this issue:
- News in Brief
- Former Angola Major Found Guilty – Twice – in Excessive Force Case, by Scott Grammer
- Report and Video of Arizona Prison Riot Released, by Matthew Clarke
- New York Prisoner Harassed and Assaulted by Guard Loses in Court of Claims
- Long-Term Recidivism Studies Show High Arrest Rates, by Matthew Clarke
- Eighth Circuit Affirms Denial of Summary Judgment in Failure to Protect Case
- Two-Year Investigation, Litigation and Settlement Ends Segregation, Mistreatment of LGBTQ Prisoners at California Jail, by Derek Gilna
- Major Prison Telecom Merger Canceled; Victory for Campaign for Prison Phone Justice!
- Kansas Federal Court Awards Prisoner $250,000 for Guard’s Excessive Force, by Matthew Clarke
- BOP Official Who Ordered More Prisoners Sent to Private Prisons Hired by GEO Group, by Scott Grammer
- Meek Mill and Michael Rubin Start Criminal Justice Reform Organization, by Kevin W. Bliss
- Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse, by Matthew Clarke
- Federal Court Awards $3,750,000 in Damages for Sexual Assault by Prison Guards, by Chad Marks
- Prison Policy Initiative Issues Report on State of Prison Phone Justice, by Matthew Clarke
- Settlement Provides for Improved Competency Procedures for Jailed Mentally Ill in Washington State
- Delaware: No Convictions in Second Vaughn Riot Trial, by Kevin Bliss
- Landlords Challenge Ordinance that Protects Former Prisoners’ Rental Rights, by Douglas Ankney
- Federal Prison Employee Sentenced for Defrauding Prisoners’ Families, by Scott Grammer
- Continued Problems with Mental Health Care, Suicides in Alabama DOC, by Kevin W. Bliss
- New Mexico Court Denies Motion to Dismiss Lawsuit Over Policy of Denying Transport to Medical Appointments During Lockdowns, by Matthew Clarke
- Judge Initially Plays Pass-the-Buck with Proposal to Hire Suicide Prevention Expert
- Kansas Slaps Corizon Health with Millions in Fines for Contract Violations, by Chad Marks
- Florida Fleeces Prisoners with High Canteen Prices, by Kevin W. Bliss
- Eleventh Circuit Agrees Prosecutor is Entitled to Qualified Immunity in Retaliation Case, by Chad Marks
- “Free” Prisoner-Made Furniture Gets Ohio Prison Industry Officials in Hot Water, by Chad Marks
- New York: 58-Month Prison Sentence for Former Jail Union Boss Who Took Bribes, by Chad Marks
- Lack of Outdoor Recreation for D.C. Jail Prisoners “Dehumanizing”, by Kevin W. Bliss
- Private Halfway Houses Plagued with Escapes, Drugs, Sex and Violence, by Chad Marks
- $625,000 Settlement for Virginia Jail Prisoner’s Death from Untreated Ulcer
- Oklahoma: Sovereign Immunity Prohibits Lawsuits Over Prisoner Medical Care
- New York: Liability Established in Claim Over Assault by Prison Guard, by Matthew Clarke
- $301,000 Awarded in Lawsuit Over Suicide at Illinois Jail, by Kevin W. Bliss
- Cell Phones Sold in Commissary at South Carolina Jail, by Scott Grammer
- Oregon: Knowledge of Injury and Defendants’ Causal Role Required for Accrual of § 1983 Claims, by Mark Wilson
- Search for Mental Health Care Ends Tragically at Florida Jail, by David M. Reutter
- New Jersey Prisoner Who Suggested Date to Nurse Has Disciplinary Action Reversed
- Illinois Agrees to Sweeping Prison Health Care Reforms, by Matthew Clarke
- HRDC Files Censorship Suit Against Tennessee County Jail
- Prisoner’s Death from Methadone Over-Prescription Results in Summary Judgment, Settlement, by David Reutter
- $525,000 Settlement for Loss of Federal Prisoner’s Eye
- $10 Million Awarded Against Corizon and Oregon County for Jail Detox Death, by Matthew Clarke
- Wrongful Death, Whistleblower Suits Filed After Prisoner Dies at New Orleans Jail, by David M. Reutter
- New York: $775,000 Judgment for Prisoners Searched in Freezing Weather
- Cancellation of Illinois Prison Debate Class Debated in Court, by Kevin W. Bliss
- Washington State: Jury Awards $549,000 to Prisoner Denied Pain Medication, by Chad Marks
- States Rack Up Tens of Millions of Dollars in Prison Guard Overtime Pay, by Matthew Clarke
- Private Prisoner Transport Firm Closes After Escape; Problems Continue to Plague Industry, by Matthew Clarke
- Beating of Michigan Jail Prisoner Results in $36.6 Million Verdict,$12.9 Million Settlement, by Chad Marks
- Wisconsin Pays Largest Civil Rights Settlement in State’s History –$18.9 Million – for Juvenile Offender’s Suicide Attempt, by Chad Marks, Derek Gilna
- Unlicensed Interns to Perform Psych Tests on Utah Prisoners, by Scott Grammer
- Hospice Programs Provided in Pennsylvania Prisons, by Ruth Hoskins
- CoreCivic Creates Nonprofit Foundation, Ostensibly to Reduce Recidivism, by Matthew Clarke
- Fifth Circuit Vacates Dismissal of Suit by Civilly Committed Sex Offender, by Matthew Clarke
- Claim Denied; No Proof New York Prison Guards Acted Within Scope of Their Employment
- Inspector General: California Prison Guards Violate Use of Force Policies Half the Time, by Steve Horn
- Staffing Shortage at Ohio Legislative Oversight Committee has Interns Inspecting Prisons, by Matthew Clarke
- Humane Treatment for Terminally Ill Prisoners, by Kevin W. Bliss
- The Uphill Road to Prisoners’ Rights, by F.T. Green
- Virginia Court Improperly Denied Transgender Prisoner’s Name Change, by Matthew Clarke
- Attorney-Client Privilege Under Attack in Jails Across the Nation, by Douglas Ankney
- Incarceration Decrease? Drop in Prison Numbers Called “Anemic”, by Ted Gest
- From the Editor, by Paul Wright
- Vermont Prisoner Sexually Abused at Private Prison in Michigan Receives $750, by Steve Horn
- Horrific Deaths, Brutal Treatment: Mental Illness in America’s Jails, by Gary A. Harki
More from Matthew Clarke:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
More from these topics:
- Former Prison Dentist in Iowa Accused of Harassment, May 1, 2026. Sexual Harassment, Threats by Staff, Medical Misconduct, Dental Care.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliatory Segregation, Prison Rape Elimination Act.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Idaho Struggles to Respond to Devasting Report of Widespread Prisoner Sex Abuse, April 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, State Legislation, Public Records Act.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Private Prison Firm GEO Group Reports Record $254 Million Profit After New ICE Contracts, March 1, 2026. Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Systemic Medical Neglect, Immigration Detention.

