Delaware Appeals Court Vacates Ruling in Inmate Sexual Assault Claim

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.

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