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Keywords

plaintiffdefendantliabilitytrialdue process
contractdefendantjurisdictionliabilityappealtrialwilldomestic violencedue process

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E.D. v. Sharkey

Facts

E.D., a female immigration detainee, alleged that Daniel Sharkey, an employee at the Berks County Residential Center, sexually assaulted her after initially befriending her and her son. Despite her refusals, Sharkey escalated his advances to forced sexual intercourse, which occurred multiple times in the presence of others. E.D. claimed that staff members were aware of Sharkey's conduct but did not intervene, and after she reported the abuse, she faced retaliation from the staff.

E.D. entered the United States with her three-year-old son in or around May 2014, seeking refuge from domestic violence and sexual assault in Honduras. She and her son were transferred from an immigration facility in Texas to the BCRC, which detains approximately ninety women and [**3] children pursuant to a contract with United States Immigration and Customs Enforcement (ICE). Approximately a month after E.D.'s arrival, BCRC employee Daniel Sharkey began giving food and treats to E.D. and her son. His overtures escalated to allowing E.D. to use his cell phone and promising to help with her immigration status. Within [*304] weeks Sharkey began to touch and kiss E.D., who refused to reciprocate. He turned angry, insulted E.D., and told her she would be deported if she told anyone about his advances.

Issue

Whether the individual defendants were entitled to qualified immunity in a 1983 action for violating the plaintiff's constitutional right to bodily integrity.

In determining whether to affirm the denial of qualified immunity, we necessarily address whether immigration detainees are entitled to the same constitutional protections afforded by the Due Process Clause of the Fourteenth Amendment as pre-trial detainees.

Rule

Immigration detainees are entitled to the same constitutional protections under the Due Process Clause of the Fourteenth Amendment as pre-trial detainees, and officials can only claim qualified immunity if they can show their conduct was reasonable under established legal standards.

immigration detainees are entitled to such protections and, for the reasons that follow, will dismiss the appeal pertaining to Berks County for lack of appellate jurisdiction and will affirm the denial of the Defendants' request for qualified immunity.

Analysis

The court determined that E.D. sufficiently alleged a plausible violation of her constitutional right to bodily integrity, which required custodial officers to protect detainees from sexual assault. The court found that the defendants did not meet their burden to prove they were unaware of Sharkey's conduct or that they acted reasonably to protect E.D., thus affirming the denial of qualified immunity.

The District Court determined that E.D. sufficiently alleged a plausible violation of her Fourteenth Amendment due process right to bodily integrity, which it defined as 'the right to have a custodial government officer protect an immigration detainee from sexual assault of which the officer is aware.' It further determined this right to be clearly established at the time of Sharkey's challenged conduct. The Court denied the individual Defendants qualified immunity because they failed to demonstrate their conduct comported with established legal standards, which would have required proving that they were either unaware of [**10] Sharkey's conduct or they were aware but acted reasonably to protect E.D. from the assault.

Conclusion

The court affirmed the denial of qualified immunity for the individual defendants and remanded the case for a liability finding.

The court affirmed the denial of qualified immunity for the individual defendants and remanded the case for a liability finding.

Who won?

E.D. prevailed in the case as the court found that her allegations constituted a plausible violation of her constitutional rights, and the defendants failed to demonstrate their entitlement to qualified immunity.

E.D. prevailed in the case as the court found that her allegations constituted a plausible violation of her constitutional rights, and the defendants failed to demonstrate their entitlement to qualified immunity.

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