A federal appeals court has ordered a lower court judge in Delaware to reconsider a claim from a Delaware prison inmate who says he was sexually assaulted by a correctional officer during a pat down in 2014.
DeShawn Drumgo claims Sgt. William Kuschel patted and groped inappropriately, then squeezed his genitals until the skin ruptured while other officers laughed and failed to intervene.
A federal judge granted summary judgment to the state after the defendants said Drumgo failed to file a grievance before filing the lawsuit.
A subsequent search by DOC officials showed that Drumgo had indeed filed a grievance.
Because the grievance was not discovered during an initial search described in an affidavit, the appeals court this week vacated the earlier ruling and remanded the case for further consideration.