Washington v. Hively

Dist. Ct. erred in granting defendants-prison officials' motion for summary judgment in section 1983 action alleging that defendants violated his constitutional rights by fondling his testicles unnecessarily during pat down and strip searches. While Dist. Ct. found that any injury was too slight to support instant claim, Ct. of Appeals held that unwanted touching of person's genitals that is intended to humiliate victim or to gratify assailant's sexual desires can violate prisoner's constitutional rights whether or not force exerted by assailant was significant.