Rafferty v. Trumbull Cty, No. 17-4223 (6th Cir. 2019)Annotate this Case
Sherman was incarcerated at the Trumbull County Jail where Drennan was a corrections officer. Drennen regularly patrolled the pod where Sherman lived with Rafferty, another female inmate. Three or four times, Sherman complied with Drennen's demand that Sherman expose her breasts to him. Once or twice, Sherman masturbated in Drennen’s presence “because he asked for it.” Sherman does not allege that Drennen ever touched her. Drennen never explicitly threatened Sherman. Sherman was deeply disturbed by Drennen’s demands. As a result of Drennen’s abuse, Sherman’s post-traumatic stress disorder worsened and her night terrors and flashbacks increased in severity. Sherman never reported Drennen to the jail administration because she felt intimidated. Sherman and Rafferty sued Drennen and county officials, alleging Fourth Amendment and Eighth Amendment claims against Drennen and Monell claims against the officials. The district court granted the defendants summary judgment on every claim except Sherman’s Eighth Amendment claim against Drennen, finding that Drennen was not entitled to qualified immunity. The Sixth Circuit affirmed. Sherman satisfied the subjective component of her Eighth Amendment claim; a jury could conclude that Drennen acted with deliberate indifference or acted maliciously and sadistically for the purpose of causing her harm. When Drennen allegedly sexually abused Sherman, it was clearly established that such abuse could violate the objective prong of the Eighth Amendment.