Published on: Wednesday, August 21, 2024
Inmate at Pennsylvania federal prison is sexually assaulted by a guard on several occasions and subjected to inhumane conditions of confinement, like being forced to sleep on a cold metal bunk in below freezing temperatures for months. Can he bring constitutional claims against the guard and the warden? Third Circuit: Absolutely not. Concurrence: Writing to "highlight the alarming reports of pervasive staff-on-inmate sexual abuse within the Bureau of Prisons" and "flaws" in the current administrative system to address abuse claims.
The case is Kalu v. Spaulding, No. 23-1103 (3d. Cir. Aug. 21, 2024).