Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Walker affirms in part and reverses in part the lower court’s order denying the correctional agency and two officers’ motion to dismiss the former inmate’s civil suit claiming the state violated the Prison Rape Elimination Act when the officers passed word to other inmates that plaintiff was a sex offender, and later allowed those inmates to enter his cell, where they sodomized him with a broom stick, forced him to eat feces and drink urine and threatened to kill him. Since they are discretionary functions, the court finds the agency is entitled to qualified immunity on the former inmate’s negligent training and supervision claim, as he has failed to demonstrate how the agency violated a clearly established statutory or constitutional right in training or supervising the officers.