Turner v. Huibregtse

OPINION AND ORDER

CRABB, District Judge.

In this civil action for injunctive, declaratory and monetary relief, plaintiff Anthony D. Turner contends that defendants violated his rights under the Eighth Amendment when defendant Mickelson sexually assaulted plaintiff during a pat search and defendants Esser and Hui-bregtse failed to prevent the sexual assault.

This case is before the court on defendants’ motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6), which was filed on November 30, 2005. On February 10, 2006, I issued an order instructing plaintiff to advise the court whether he intended to…