K.M. v. Alabama Dept. of Youth Services.

• Position: Cases of sexual harassment - Brief Article

U.S. District Court

SEXUAL ASSAULT

JUVENILES

K.M. v. Alabama Dept. of Youth Services, 360 F.Supp.2d 1253 (M.D.Ala. 2005). Former juvenile detainees sued the Alabama Department of Youth Services (DYS), a former DYS employee, and others under [section] 1983 and state law, alleging that they were sexually and physically assaulted and harassed while in DYS custody. The former employee moved for summary judgment and the district court denied the motion. The court held that summary judgment was precluded by genuine issues of material fact as to whether the employee violated a detainee's due process right to bodily integrity, and whether a detainee suffered emotional distress so severe that no reasonable person could be expected to endure it, as the result of a sexual assault by the employee. The court noted...