Judge: Force Wrong Test to Determine Whether Inmate's Rights Violated

A man claiming sexual assault during a prison strip search can proceed with his suit after a Circuit Court overruled a district judge who said not enough force was involved.

A man can advance claims that a Wisconsin jail guard sexually assaulted him during a pat-down and strip search, the 7th Circuit ruled.

Officer John Hively searched James Washington as the pretrial detainee returned to the Waukesha County Jail from court in April 2008.

Hively allegedly fondled Washington's genitals through his clothing during the pat-down and touched the inmate's testicles during a strip search.