Douglas W. Schwenk v. James Hartford Steve Sinclair Robert Mitchell,opinion

REINHARDT, Circuit Judge:

Robert Mitchell, a Washington state prison guard, appeals the district court’s denial of his motion for summary judgment in a case in which a male-to-female transsexual prisoner, Douglas (“Crystal”) Schwenk, sought damages as a result of Mitchell’s alleged attempt to rape her. 1 Following the alleged assault, Schwenk sued various prison officials including Mitchell both under Section 1983, for a violation of her Eighth Amendment rights, and under the Gender Motivated Violence Act (GMVA). 2 Mitchell’s summary judgment motion was based on qualified immunity.

With respect…