Carrigan v. Davis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that intercourse between a prison inmate and a guard is a per se violation of the Eighth Amendment
• recognizing that the Eighth Circuit in Freitas v. Ault, 109 F.3d 1335, (8th Cir. 1997), dismissed the plaintiff’s Eighth Amendment Farmer claim for failure to satisfy the objective component since sexual interactions were consensual
• stating that prison official’s conduct itself may be evidence of culpable state of mind where conduct “serves no legitimate law enforcement or penalogical purpose”
• concluding “that an act of vaginal intercourse and/or fellatio between a prison inmate and a prison guard, whether consensual or not, is a per se violation of the Eighth Amendment”
• examining totality of circumstances and concluding that inmate was incapable of consenting to sexual contact with prison guard

Source: CourtListener parenthetical corpus (CC0).