Colbruno v. Kessler, No. 18-1056 (10th Cir. 2019)Annotate this Case
Plaintiff Christopher Colbruno was in jail waiting for trial when he needed to be taken to the hospital for an urgent medical condition. Six deputies in the Denver Sheriff’s Department (Defendants) walked him through the public areas of the hospital completely unclothed except for an orange pair of mittens. Complaining that the deputies violated his constitutional rights, he sued them, among others, under 42 U.S.C. 1983. Defendants moved to dismiss for failure to state a claim on the ground that they were entitled to qualified immunity. The district court disagreed, and Defendants appealed to the Tenth Circuit Court of Appeals. After review, the Court found plaintiff’s complaint alleged facts supporting the inference that the public exposure of his naked body was wholly unjustifiable and therefore sufficed to state a claim under the Fourteenth Amendment. "Whether the evidence supports those allegations is a question for further proceedings."