Sex with Pretrial Detainee

Hale v. Boyle Co

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 14:07

Officer had sex and impregnated pretrial detainee; court analyzes case as an excessive force claim, applies objective test per Kingsley, finds genuine dispute of material fact about whether encounters were consensual; there is a rebuttable presumption that sexual conduct between officials and incarcerated persons is not consensual, defendant may rebut presumption by showing that conduct involved no coercive factors, court notes that scaring prisoner, offering to speak favorably to prosecutor, and offering privileges and favors, if proven, would amount to coercion.