Legal Opinion
Chao v. Ballista
District Court, D. Massachusetts
Decided July 1, 2009No. C.A. 07cv10934-NGPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER RE: MOTION TO DISMISS
GERTNER, District Judge:
I. INTRODUCTION
Plaintiff Christina Chao (“Chao”) alleges that, as an inmate at South Middlesex Correctional Center (“SMCC”), she had 50 to 100 sexual encounters with Defendant Moisés Ballista (“Ballista”), who was a guard at the prison, and that supervisory officials failed to protect her from what amounted to sexual abuse. The law presumes that a prisoner cannot consent to sexual relations with her keepers, and punishes such conduct criminally. See Mass. Gen. L. ch. 268, § 21A. While Ballista has been prosecuted for his…
2Cases cited35 opinions
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- Farmer v. BrennanSupreme Court of the United States · 1994
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- Helling v. McKinneySupreme Court of the United States · 1993
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3Cited by14 opinions
- Sash v. United StatesDistrict Court, S.D. New York · 2009
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- Krasnor v. Spaulding Law OfficeDistrict Court, D. Massachusetts · 2009
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