· 12/20/2013
Graham v. Sheriff of Logan County
Citations
- 741 F.3d 1118
- 2013 WL 6698128
- 2013 U.S. App. LEXIS 25401
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the gifting of limited favors “cannot undermine the other overwhelming evidence of consent, particularly when [plaintiff] did not testify that the favors influenced her”
- holding that an Eighth Amendment excessive- force claim based on sexual abuse must involve “at least some form of coercion . . . by the prisoner’s custodians”
- explaining that a plaintiff must show under the subjective prong that the official acted with a sufficiently culpable state of mind, which turns on whether he acted “maliciously and sadistically” to cause harm, including acting without a “penological purpose.”
- finding the Wood presumption to be rebutted despite prison guard allowing inmate to use intercom and providing inmate with a candy bar and blanket
- “Sexual abuse of a prisoner by a guard is generally analyzed as an excessive-force claim.”
- “Sexual abuse of a prisoner by a guard is generally analyzed as an excessive force claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, O'Brien, Tymkovich
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.