Graham v. Sheriff of Logan County

Stacey Graham (plaintiff) was a prisoner in an Oklahoma county jail. Graham had a history of sexual abuse and bipolar disorder. A jail guard, Rahmel Jefferies (defendant), began chatting regularly with Graham. These conversations became flirtatious and sexual. Graham once consensually flashed her breasts at Jefferies. At Graham’s request, Jefferies brought Graham a candy bar and a blanket. Graham was placed in solitary confinement for an unrelated disciplinary violation, and there she was watched by another guard, Alexander Mendez (defendant). Mendez contacted Graham over an intercom and began a conversation about sexual fantasies. Graham said she had a fantasy about being with two men. Mendez asked whom she wanted him to bring, and she responded Jefferies. Graham voluntarily let Mendez look at her fully naked. Later that night, Mendez and Jefferies went to Graham’s cell and began fondling her without protest. Jefferies then had sexual intercourse with Graham while she provided oral sex to Mendez. The two men then switched positions. As Mendez went to penetrate Graham, she tried to stand. Mendez pushed her back down, saying “Bend over, bitch” and “Shh.” A nearby prisoner then made noise, and the two men left. Two weeks later, Graham reported the incident. Graham said the encounter was consensual but that she was reporting it because she felt guilty. Jefferies and Mendez were terminated. Graham began experiencing anxiety and depression and described the incident as rape to a psychologist. Graham sued the county sheriff (defendant), Jefferies, and Mendez (collectively, the jail officers), claiming the encounter violated her Eighth Amendment rights. Graham admitted that her sexual contact with Jefferies was consensual and that she had voluntarily stripped for Mendez. However, Graham contended that she had not actually wanted to have sex with Mendez and that consensual sex still violated the Eighth Amendment. The district court granted summary judgment to the jail officers, ruling that consensual sexual contact between a guard and a prisoner does not violate the Eighth Amendment. Graham appealed.