U.S. Appeals Court: OFFICER ON PRISONER ASSAULT.

• Position: Brief Article

Schwenk v. Hartford, 204 F.3d 1187 (9th Cir. 2000). A prisoner who was a pre-operative male to female transsexual sued a state prison officer and other prison officials under [sections] 1983 and the Gender Motivated Violence Act (GMVA) alleging attempted rape by the officer. The district court denied the officer's motion for summary judgment and the appeals court affirmed in part and reversed in part. The appeals court held that GMVA applies with equal force to men and women and its...