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KEITH v. KOERNER

No. 15-3219.

843 F.3d 833 (2016)

Tracy KEITH, Plaintiff-Appellant v. Richard D. KOERNER, Defendant-Appellee, and Anastacio Gallardo, Defendant.

United States Court of Appeals, Tenth Circuit.

December 9, 2016.

Attorney(s) appearing for the Case

Ann Marie Duffy , Mayer Brown LLP, Washington, District of Columbia ( John Kurtz , Hubbard & Kurtz, LLP, Kansas City, Missouri, with her on the briefs), for Plaintiff-Appellant.

John Wesley Smith , Assistant Attorney General, Office of the Attorney General for the State of Kansas, Topeka, Kansas, for Defendant-Appellee.

Before HARTZ, BACHARACH, and McHUGH, Circuit Judges.

While incarcerated at the Topeka Correctional Facility (TCF), an all-female state prison, Tracy Keith was raped by a prison maintenance employee. Ms. Keith filed a § 1983 suit alleging that prison officials — including Warden Richard Koerner — violated her Eighth Amendment rights by creating an environment...

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