Hammond v. Gordon County.U.S. District Court OFFICER ON PRISONER ASSAULT Hammond v. Gordon County, 316 F.Supp.2d 1262 (N.D.Ga. 2002). Female former county jail inmates sued county officials and officers, claiming they were subjected to cruel and unusual punishment Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. in violation of the Eighth Amendment. The district court granted summary judgment, in part, for the defendants. The court held that a claim was stated by allegations that a male officer required female inmates to strip and engage in lewd behavior in return for female hygiene items and toiletries toi·let·ry n. pl. toi·let·ries An article, such as toothpaste or a hairbrush, used in personal grooming or dressing. toiletries npl → artículos mpl de aseo (= , and that the officer was not entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. . The court denied summary judgment to higher jail officials in connection with a claim that they violated the Eighth Amendment by showing deliberate indifference to officer-inflicted harm of inmates. The court also denied summary judgment and qualified immunity for a deputy jailer who was claimed to have intentionally in·ten·tion·al adj. 1. Done deliberately; intended: an intentional slight. See Synonyms at voluntary. 2. Having to do with intention. inflicted emotional harm and assault and battery on female inmates. The court granted qualified immunity to an officer on a claim that he violated the rights of a female inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr. by opening the door of her cell and allowing a male inmate to enter, finding that there were no precedents establishing that the conduct was illegal and the opening of the door was not so obviously unlawful that immunity should not apply. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the court, an inmate stated an Eighth Amendment claim against an officer when she alleged that the officer had sex with her, and the officer was not entitled to qualified immunity. But the court did not finding deliberate indifference on the part of an officer who allegedly offered a female inmate cigarettes if she would expose her breasts, noting that the officer could not, under the circumstances, be placed on notice that his conduct was unacceptable. The court granted qualified immunity to a jail administrator and sheriff from a claim that they were deliberately indifferent by not intervening when male officers required female inmates to strip in order to receive toiletries and instigated and participated in sexual activities with inmates, because the jail administrator and sheriff did not violate any clearly established law when they did not intervene. (Gordon County Jail, Georgia) |
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