Appeals Court Vacates Ruling in Delaware Inmate Sexual Assault C - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Appeals Court Vacates Ruling in Delaware Inmate Sexual Assault Claim

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(Photo: CBS) (Photo: CBS)

DOVER, Del. (AP/WBOC)- 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, an inmate at James T. Vaughn Correctional Center near Smyrna, 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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