Tyson v. County of Sabine, No. 21-40590 (5th Cir. 2022)
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This appeal arises from an alleged sexual assault committed by a law enforcement officer while he was conducting a welfare check on Plaintiff at her home. The district court found that the officer was entitled to qualified immunity. The district court found that Plaintiff’s Fourth Amendment claim of excessive force failed because Plaintiff had not been seized, and that the Eighth Amendment claim failed because she was not a prisoner. Plaintiff appealed the dismissal of her claims under the Fourth Amendment and Fourteenth Amendment, as well as her claims against the County and Sheriff.
The Fifth Circuit affirmed the district court with respect to the dismissal of Plaintiff’s Fourth Amendment claim, reversed the order of the district court with respect to the dismissal of Plaintiff’s Fourteenth claim, and remanded. The court held that the Deputy’s alleged sexual abuse violated Plaintiff’s clearly established right to bodily integrity. Thus, the Deputy is not entitled to qualified immunity. The court explained it need not reach the claims against the County and the Sheriff. The court remanded those issues to the district court to address in the first instance.
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