Failure to Protect from Harm by Others

State inmate who suffered from severe mental health conditions had intercourse with another inmate which she stated was not consensual and was impregnated; claim subject to 8th amendment, not 14th amendment standard; deputies not deliberately indifferent and thus not liable for deputy’s leaving co-ed housing unit for inmates suffering from mental health conditions to use restroom; county not liable for failure to prevent sexual encounter, no authority for proposition that it violated 8th amendment not to house men and women separately.

No liability for failure to protect kindergarten student from sexual assault by fifth grader on school bus; fifth grader’s prior misconduct did not put school on notice he posed risk of sexual assault.