Keith v. Koerner

McHUGH, Circuit Judge.

While incarcerated at the Topeka Correctional Facility (TCF), an all-female state prison, Tracy Keith was raped by a prison maintenance employee. Ms. Keith filed a . § 1983 suit alleging that prison officials — including Warden Richard Koer-ner — violated her Eighth Amendment rights by creating an environment in which sexual misconduct was likely to occur. The district court granted summary judgment to Warden Koerner based on qualified immunity.- Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm in part-and reverse-in part.

I. BACKGROUND 1

A. Factual History

Tr…