Quimbee logo
DMCA.com Protection Status

Barney v. Pulsipher

143 F.3d 1299 (1998)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Barney v. Pulsipher

United States Court of Appeals for the Tenth Circuit

143 F.3d 1299 (1998)

Facts

In 1993, Susan Barney and Kathy Christensen (plaintiffs) were sentenced to serve 48-hour sentences at the Box Elder County Jail. The jail maintained several security cameras throughout the prison, which were linked to a dispatch area. However, there was an unmonitored common area. Dispatchers generally watched the monitors in concert with their dispatch duties, but they were not obligated to simultaneously monitor the cameras and conduct their dispatch duties. Pursuant to a state law requiring the separation of prisoners by sex, the Jail Policies and Procedure Manual (manual) required jailers to give the dispatcher notice of entering the cell block of the opposite sex, which the dispatcher would monitor. The manual also prohibited male jailers from removing a female inmate from her cell without the physical presence of another officer. Gerald Pulsipher (defendant) was the only jailer on duty during both Christensen’s and Barney’s stays. Pulsipher removed Christensen from her cell and led her to an unmonitored area, where he threatened to extend Christensen’s jail stay if she did not perform oral sex. Pulsipher also removed Barney from her cell during her stay and took Barney to the same unmonitored area, where Pulsipher sexually assaulted Barney. Both times, Pulsipher did not notify the dispatcher or have another jailer present. Neither Christensen nor Barney reported the sexual assaults to the county, but Barney informed her counselor. The counselor reported Pulsipher to Barney’s probation officer, who reported it to Sheriff Limb (defendant). Pulsipher was terminated and criminally charged. Barney sued Pulsipher, Box Elder County, Sheriff Limb, and multiple commissioners in their official and individual capacities under 42 U.S.C. § 1983 for violations of the Eighth Amendment and the Equal Protection Clause. Christensen filed a similar lawsuit. The district court consolidated the cases. The district court granted motions for summary judgment filed by the county, Sheriff Limb, and the commissioners. Barney and Christensen appealed.

Rule of Law

Issue

Holding and Reasoning (Seymour, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership