Yeshua Khalil-James Schworck v. Deputy Gabriel Bosben

Summary

The United States District Court for the Western District of Wisconsin denied Deputy Gabriel Bosben’s motion for summary judgment in Yeshua Khalil-James Schworck’s Fourteenth Amendment conditions-of-confinement action. The court held that evidence that Bosben briefly squeezed Schworck’s penis during a urine-sample collection could support a finding of intentional and objectively unreasonable conduct, and that the dispute also precluded qualified immunity. Schworck was ordered to notify the court by February 20, 2026, whether he intends to continue prosecuting the case.

Holdings

1. A reasonable jury could find that Bosben intentionally squeezed Schworck's penis for an illegitimate purpose and that the conduct was objectively unreasonable under the circumstances; therefore, summary judgment was unwarranted.
2. A nonmovant's failure to respond to a summary-judgment motion may result in the movant's proposed facts being deemed undisputed, but it does not automatically entitle the movant to judgment.
3. Bosben was not entitled to qualified immunity at the summary-judgment stage because, if he intentionally squeezed Schworck's penis for an illegitimate purpose, the conduct violated a clearly established constitutional right.

Questions Presented

1. Whether the evidence created a genuine issue of material fact regarding whether Bosben intentionally touched Schworck's private parts for an illegitimate purpose and thereby acted objectively unreasonably under the Fourteenth Amendment.
2. Whether Schworck's failure to respond to the summary-judgment motion required judgment for Bosben.
3. Whether Bosben was entitled to qualified immunity because the alleged constitutional right was not clearly established.

Disposition

other