1983 Complaint Survives Dismissal

Keith v. Koerner, 2013 WL 500703 (2/12/13) (Kan.) (Published) - The plaintiff inmate who became pregnant as the result of a sexual encounter with a prison vocational instructor alleged enough to survive dismissal at the complaint stage. The § 1983 complaint referred to facts in an audit report indicating the warden was aware of multiple incidents of unlawful sexual conduct at the Topeka facility, discipline for such conduct was inconsistent, there was an insufficient use of cameras and there was a lack of training programs tailored to the all-female population. To be liable it was only necessary that the warden have knowledge of a substantial risk to inmates in general, not to a particular inmate in a particular way.