In a recent qualified-immunity appeal, the Tenth Circuit ruled against a correctional officer who argued that he was entitled to qualified immunity for sexually harassing, abusing, and 10th Circuit Spotlightassaulting an inmate. Ullery v. Bradley, 2020 WL 611070, 949 F.3d 1282 (10th Cir. Feb. 10, 2020). The court held that, at the time of defendant’s actions, “[t]he consensus of persuasive authority from our sister circuits” clearly established that the Eighth Amendment prohibited his conduct. Id. at *8.

Defendant Sexually Harassed, Abused and Assaulted Plaintiff

Plaintiff alleged that, while she was an inmate at the Denver Women’s Correctional Center between 2014 and 2016, defendant repeatedly sexually harassed, abused, and assaulted her. After her release, plaintiff sued defendant, claiming that his sexual misconduct violated her Eighth Amendment right to be free from cruel and unusual punishment.