An inmate that was repeatedly sexually abused by three corrections officers sued eight prison supervisory officials alleging that they violated the Eighth Amendment through their deliberate indifference to the substantial risk of her sexual abuse by the three correctional officers. The federal district court applied the supervisory liability test and denied summary judgment and qualified immunity to Defendant Bachmann.
The U.S. Court of Appeals for the Second Circuit on Monday ruled: qualified immunity applies. The supervisors are not liable under the Eighth Amendment absent pleading and proof of each of their "subjective knowledge of a substantial risk of serious harm to an inmate and disregarded it." The Circuit reversed the district court and remanded with instructions to enter summary judgment for Defendant Bachmann.
The case is Tangreti v. Bachmann, No. 19-03712 (2d Cir. Dec. 28, 2020).