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WHITSON v. BD. OF CTY. COMM'RS OF CTY. OF SEDGWICK

No. 23-1084.

106 F.4th 1063 (2024)

Hollis Ann WHITSON, as guardian ad litem for Peatinna Biggs, Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SEDGWICK; Sheriff Carlton Britton, in his official capacity; Thomas Hanna, in his individual and official capacities; Larry Neugebauer, in his individual and official capacities, Defendants-Appellees, Rights Behind Bars; National Police Accountability Center; the Southern Center for Human Rights; MacArthur Justice Center, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED July 5, 2024.

Attorney(s) appearing for the Case

Sean Ouellette, Public Justice, Washington, D.C. (Ellen Noble and Alexandra Z. Brodsky, Public Justice, Washington, D.C., and David Fisher and Jane Fisher-Byrialsen, Fisher & Byrialsen, PLLC, Denver, Colorado, with him on the briefs), for Appellants.

Jonathan N. Eddy (Eric M. Ziporin, with him on the brief), SGR, LLC, Denver, Colorado for Appellees.

Jessica Ring Amunson and Mary Marshall, Jenner & Block LLP, Washington, D.C.; filed a brief on behalf of Appellants, for Amici Curiae Rights Behind Bars, The National Police Accountability Project, The Southern Center for Human Rights, and The Macarthur Justice Center.

Before HARTZ, PHILLIPS, and CARSON, Circuit Judges.

Sheriff Thomas Hanna of Sedgwick County, Colorado, sexually assaulted an intellectually disabled prisoner while transporting her between county jails. The victim, Peatinna Biggs, filed this civil-rights suit under 42 U.S.C. § 1983 by and through her guardian ad litem, Plaintiff

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