Harden, et al. v. Hedgecock
Split Score
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Case Summary
Disposition
Affirmed
The Tenth Circuit held that inmates Shaun Smith and Savanaha Works failed to establish municipal liability against Sheriff B.J. Hedgecock for their alleged sexual abuse by jailers. Even assuming their constitutional rights were violated, the court found no evidence that the sheriffs’ staffing or supervisory policies were maintained with deliberate indifference, so it affirmed summary judgment for the Sheriff.
Circuit Split Identified
Legal Issue
Whether consent is a valid defense (and who bears the burden of proving non-consent) in prisoner sexual-abuse claims brought under the Eighth Amendment/§1983.
Circuit Positions
Consent is a defense; burden remains on prisoner to prove non-consent (no presumption of non-consent).
Rebuttable presumption that inmate sexual activity is non-consensual; defendant must overcome the presumption to rely on consent.
Conflict Summary
Some circuits treat inmate consent as an available defense and place the burden on the prisoner to prove non-consent, while others adopt a rebuttable presumption that prisoners cannot consent to sexual activity with custodial staff, thereby shifting the burden to defendants to prove consent.