Jacoby v. PREA Coordinator

Brent Jacoby (plaintiff) was incarcerated in an Alabama prison. Jacoby told prison officials that another prisoner had threatened to sexually assault him. The officials promised to move Jacoby to a less violent dorm. However, Jacoby remained in the original dorm, where he was extorted, bought and sold by other prisoners, and forced to perform sexual acts. Jacoby informed officials about the assaults. The information was reported to Angela Gordy (defendant), the prison’s Prison Rape Elimination Act (PREA) compliance manager. Gordy told Jacoby the prison could not offer him protective custody because he had not been assaulted that specific day. Gordy assured Jacoby that he would be moved soon, but this did not happen. Jacoby was then sold to a pair of prisoners. One of the pair, Willie Jenkins, had a severe drug problem. Jenkins forced Jacoby to take drugs and perform sexual acts. One day, Jenkins discovered Jacoby had smoked one of his joints. Jenkins locked Jacoby in a cell, beat him, and violently sexually assaulted him. Jacoby did not escape the cell until the next day, when a code was called due to a fight between Jenkins and the other prisoner who claimed ownership of Jacoby. Jacoby ran to the shift office to seek medical attention. Prison officials Terry Loggins, Mary Surrett, Arnaldo Mercado, and an unidentified PREA coordinator (the postassault officials) (defendants) were notified of the rape. Officers would not remove Jacoby’s handcuffs to permit a proper rape exam, and no exam was ever performed. Neither Gordy nor the postassault officials attempted to gather other evidence, such as sheets or witness testimony. In addition, no disciplinary action was taken against Jenkins or any of the other prisoners who had previously assaulted Jacoby. Jacoby was placed in protective custody in lockup. Jacoby sued Gordy and the postassault officials in federal district court, alleging that they had (1) failed to protect him in violation of the Eighth Amendment and (2) violated his constitutional rights and PREA by failing to properly investigate or prosecute Jenkins or any of the other abusers. Gordy and the postassault officials moved to dismiss Jacoby’s claims. A magistrate judge considered the motion.