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· 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 CourtListener

Sourced 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.