Riley v. Olk-Long.

• Position: FEMALE PRISONERS - Case regarding sex crimes - Brief Article

U.S. Appeals Court

SEXUAL ASSAULT

FAILURE TO PROTECT

Riley v. Olk-Long, 282 F.3d 592 (8th Cir. 2002). A female inmate brought a [section] 1983 action against prison officials arising from a sexual assault by a prison guard. A jury found in the inmate's favor and the officials moved for judgment as a matter of law or for a new trial. The district court denied the motions and the appeals court affirmed. The appeals court held that the issue of whether a warden and a director of security were deliberately indifferent to the substantial risk of harm that the guard presented to female inmates was a matter for the jury. The guard had asked the inmate whether she was having a sexual relationship with her roommate at the facility and if so, if he could watch. The guard later attempted to reach under the inmate's nightshirt but she backed away. The guard continued to harass the inmate and at one point grabbed her from behind and rubbed up against her while grabbing her breasts. The...