Guard Who Ignored Complaints of Sexual Harassment Properly Denied Summary Judgment

Castillo v. Day, 2015 WL 3824963 (6/22/15) (Okl.) (Published) - The 10th affirms a denial of a prison guard's motion for summary judgment in a § 1983 case. Former inmates alleged that: one told the guard, without giving details, that she had been sexually harassed and abused by an off-site supervisor and a cook at the governor's mansion where the inmates did work; another inmate told the guard "there are things going on at the mansion that. shouldn't be going on"; and the guard indicated to the inmates she knew sexual stuff was going on between the supervisor and inmates. The inmates alleged the guard didn't do anything and the abuse continued. The allegations, if proven, established deliberate indifference to sexual abuse by the guard by failing to take reasonable measures to abate the sexual abuse risk. It didn't matter that the guard did not take part in the sexual activity or that she was not in a supervisorial position over the men accused of improper conduct.