· 3/6/1998
Cortez Berryhill v. Dora Schriro, George Lombardi, Kelly Lock, Larry Dorsey, Virgil Helton, Ray Bloomer, Ron Walters
Citations
- 137 F.3d 1073
- 1998 U.S. App. LEXIS 3889
- 1998 WL 94882
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that, where inmate failed to assert that he feared sexual abuse, two brief touches to his buttocks could not be construed as sexual assault
- finding that, where inmate failed to assert that he feared sexual abuse, two brief touches to his buttocks could not be construed as sexual assault
- finding that, where inmate failed to assert that he feared sexual abuse, two brief touches to his buttocks could not be construed as sexual assault
- stating that “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”
- holding an inmate’s allegation of “a brief touch to his buttocks last[ing] mere seconds,” during a pat-down search, which was unaccompanied by “sexual comments or banter” did not satisfy objective component of Eighth Amendment claim
- finding two brief 11 (“mere seconds”) touches to the inmate’s buttocks during horseplay did not violate the 12 Eighth Amendment
Source: CourtListener parenthetical corpus (CC0).
Judges: Fagg, Wollman, Hansen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.