E. D. v. Sharkey

E.D., a female immigration detainee at the Berks County Residential Center Immigration Family Center (BCRC), brought a 42 U.S.C. 1983 action against employee Sharkey, alleging that he violated her Fourteenth Amendment right to bodily integrity after the two had sexual relations. Sharkey’s co-workers and BCRC supervisor allegedly were deliberately indifferent to the violation and Berks County allegedly failed to implement policies to prevent the violating conduct. The District Court denied the defendants’ motion for qualified immunity. The Third Circuit affirmed, holding that immigration detainees are entitled to the same constitutional protections afforded by the Due Process Clause of the Fourteenth Amendment as pre-trial detainees and E.D.’s rights were clearly established. There is enough evidence to support an inference that the defendants knew of the risk facing E.D., and that their failure to take additional steps to protect her, acting in their capacity as either a co-worker or supervisor, “could be viewed by a factfinder as the sort of deliberate indifference” to a detainee’s safety that the Constitution forbids. View "E. D. v. Sharkey" on Justia Law