A judge has dismissed a complaint filed by two state inmates who said the same guard fondled them during frisks in 2011, violating their Eighth Amendment rights.

Northern District Judge Norman Mordue (See Profile) did not address the merits of the lawsuit, but he concluded that even if the abuse occurred at the Eastern Correctional Facility, as inmates James Crawford and Thaddeus Corley allege, neither instance was “sufficiently severe” or “sufficiently serious” enough to rise to violate their constitutional prohibitions against cruel and unusual punishment.