Riley v. Olk-Long.U.S. Appeals Court FAILURE TO PROTECT FAILURE TO SUPERVISE PUNITIVE DAMAGES Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. COMENSATORY DAMAGES Riley v. Olk-Long, 282 F.3d 592 (8th Cir. 2002). A female inmate brought a [section] 1983 action against prison officials arising from a sexual assault by a prison guard. A jury found in the inmate's favor and the officials moved for judgment as a matter of law Judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is similar to summary judgment, which is a motion made before trial. or for a new trial. The district court denied the motions and the appeals court affirmed. The appeals court held that the issue of whether a warden and a director of security were deliberately indifferent to the substantial risk of harm that the guard presented to female inmates was a matter for the jury. The guard had asked the inmate whether she was having a sexual relationship with her roommate at the facility and if so, if he could watch. The guard later attempted to reach under the inmate's nightshirt but she backed away. The guard continued to harass harass (either harris or huh-rass) v. systematic and/or continual unwanted and annoying pestering, which often includes threats and demands. This can include lewd or offensive remarks, sexual advances, threatening telephone calls from collection agencies, hassling by the inmate and at one point grabbed her from behind and rubbed up against her while grabbing her breasts. The inmate did not report these incidents to prison officials because she doubted she would be believed and feared the resulting discipline. Later, the guard entered the inmate's cell and forcibly had intercourse with her. Fearing she would become pregnant she began performing oral sex on him. Another inmate witnessed the sexual encounter and reported it to prison officials. The officials investigated and subsequently allowed the guard to resign. He was later charged with, and pleaded guilty to, sexual misconduct sexual misconduct Professional ethics Any behavior that violates a health professional's ethics through sexual contact of physician and his/her Pt. See Professional boundaries. with an inmate. The district court jury found in favor of the inmate, awarding her compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. of $15,000 and a total of $30,000 in punitive damages. (Iowa Correctional Institution for Women Iowa Correctional Institution for Women is a medium/minimum security prison located in Mitchellville. As of 2002 it had some 190 staff and 510 inmates. It has both dormitory style units and celled housing, as well as a "return-to-confinement" facility used for intensive ) |
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