10th Cir., 2-1, holds that sheriff was acting within the scope of his policymaking authority when he sexually assaulted an intellectually disabled prisoner while transporting her between county jails.
Held: the county is on the hook. REVERSED and REMANDED.
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Normally, entities avoid sexual assault liability by claiming the perpetrator is acting outside the scope of their employment. A section 1983 claim requires the bad actor to be acting “under color of law.”
Here, the sheriff’s mandatory duties included supervision of prisoners during transport.
