James Washington, Jr v. John Hively

How courts have described this case

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

• holding that excessive force is present when official uses “more force than is necessary,” resulting in “gratuitous pain or injury”
• concluding that touching “intended to humiliate the victim or gratify the assailant’s sexual desires” during search created triable claim
• holding that “five to seven seconds [of] gratuitously fondling the plaintiff’s testicles and penis” violated pre-trial detainee’s constitutional rights
• holding that “an unwanted touching of a person's private parts, intended to humiliate the victim or gratify the assailant's sexual desires, can violate a prisoner's constitutional rights whether or not the force exerted by the assailant is significant.”
• explaining that “[a]n unwanted touching of a person's 16 private parts, intended to humiliate the victim or gratify the assailant’s sexual desires, can violate 17 a prisoner's constitutional rights.”
• reversing district court's entry of summary judgment for guard when the plaintiff presented evidence that guard \gratuitously fondl[ed]\ the plaintiff's penis and testicles during a search

Source: CourtListener parenthetical corpus (CC0).