Perry v Durborow

Durborow appealed the denial of his qualified immunity motion. The panel reversed. It held that it had jurisdiction over the appeal even though Durborow attacked one of the district court’s factual findings in his briefs as his attorney conceded at oral argument that he accepted the factual findings for purposes of the appeal. It reversed the denial holding that as of the date of the alleged sexual assault here, there was no clearly established law that would have put Durborow on notice that allowing male corrections officers into female cell pods which had areas not covered by surveillance cameras violated Perry’s rights as Durborow had no knowledge of any prior sexual assaults and the cases relied upon by Perry all involved supervisors that were aware of prior assaults.