Deandre M. Alexander v. Unknown McVean

Summary

The United States District Court for the Eastern District of Michigan summarily dismissed Deandre M. Alexander’s 42 U.S.C. § 1983 complaint against a correctional-facility food supervisor. The court held that a single, brief incident of verbal sexual harassment, without physical contact or a threat of contact, did not state an Eighth Amendment claim.

Holdings

1. A single, brief, and non-severe instance of verbal sexual harassment, unaccompanied by physical contact or a threat of contact, does not state an Eighth Amendment claim.
2. The complaint must be summarily dismissed under 28 U.S.C. § 1915(e)(2) because it fails to state a claim upon which relief can be granted.

Questions Presented

1. Whether a single, brief, sexually harassing verbal remark by a correctional employee, without physical contact or a threat of contact, states a claim for violation of the Eighth Amendment under 42 U.S.C. § 1983.
2. Whether the complaint should be summarily dismissed under 28 U.S.C. § 1915(e)(2) for failure to state a claim.

Disposition

dismissed