Common Sense about Common Decency: Promoting a New Standard for Guard-on-inmate Sexual Abuse under the Eighth Amendment
نویسنده
چکیده
Although Washington alleges that he was subjected to an offensive and unwanted touching [by a male guard who snuck up behind him and groped his genitals, kissed him on the mouth despite resistance, and threatened oral sex], he alleges only momentary pain, “psychological injury,” embarrassment, humiliation, and fear. These de minimis injuries do not rise to the level of constitutional harms, and [the guard’s] conduct, while inappropriate and vulgar, is not repugnant to humanity’s conscience. Washington v. Harris
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