DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222640P.pdf 08/24/2023 Wilbert Glover v. R. Paul
U.S. Court of Appeals Case No: 22-2640
U.S. District Court for the District of Minnesota
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges]
Civil case - Civil rights. Plaintiff, a detainee at the Ramsey County
Jail, alleged defendant, a guard, touched his genitals during a strip
search; the district court denied defendant's motion for summary judgment
based on qualified immunity, and defendant appeals. Viewing the facts
alleged in the light most favorable to plaintiff, a jury could find that
the conduct alleged constituted sexual abuse or assault; the conduct
alleged - grasping plaintiff's naked penis during a strip search and
squeezing it hard, with hand gestures - could be found to be intentional
and gratuitous and thus outside the legitimate purpose of a search; as a
result, no reasonable corrections officer could have believed that the
actions alleged by plaintiff are consistent with the Due Process Clause
and the prohibition on unreasonable uses of force.