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E. D. v. SHARKEY

No. 18-1688.

928 F.3d 299 (2019)

E. D., v. Daniel SHARKEY; Berks County Residential Center Immigration Family Center, (BCRC-IFC); County of Berks, Pennsylvania; Diane Edwards, Director of BCRC-IFC; John Behm; Jamie Himmelberger; Brittney Rothermel; Erika Taylor; Matthew Malinowski; Jeremiah/Josh Petry, Ice Employee County of Berks, Pennsylvania; Diane Edwards, Director of BCRC-IFC; Jamie Himmelberger; Brittney Rothermel; Erika Taylor; Matthew Malinowski, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 1, 2019.

Attorney(s) appearing for the Case

Matthew J. Connell [ARGUED], Tricia M. Ambrose , MacMain Law Group, 433 West Market Group, Suite 200, West Chester, PA 19382, Counsel of Appellant.

Su Ming Yeh , [ARGUED], Angus R. Love , Pennsylvania Institutional Law Project, 718 Arch Street, Suite 304 South, Philadelphia, PA 19106, Matthew J. Archambeault , Law Office of Matthew J. Archambeault, 1420 Walnut Street, Suite 1188, Philadelphia, PA 19102, Counsel of Appellee.

Sandra S. Park , American Civil Liberties Union, Women's Rights Project, 125 Broad Street, 18th Floor, New York, NY 10004, Mary Catherine Roper , American Civil Liberties Union of Pennsylvania, P.O. Box 60173, Philadelphia, PA 19106, Counsel for Amicus Appellees.

Before: SMITH, Chief Judge, AMBRO and RESTREPO, Circuit Judges.

OPINION OF THE COURT

E.D., a female immigration detainee at the Berks County Residential Center — Immigration Family Center (BCRC), brought a § 1983 action against employee Daniel Sharkey, alleging that he violated her Fourteenth Amendment right to bodily integrity after the two had sexual relations...

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