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August 11, 2006

CA11 doesn’t mind it when people are forced to masturbate

a female prison guard’s solicitation of a male prisoner’s manual masturbation, even under the threat of reprisal, does not present more than de minimis injury.

Boxer v. Harris, and they deny rehearing en banc.  This means that such behavior is as acceptable as a jostling on the subway.  I guess this means that this is the new norm of behavior for society.  C&F comments here, and links to lots of posts, including one on Overlawyered, which, while not taking a position on the case, has lots of comments from people who think this is really freakin’ hilarious!  I guess this shows the importance of confirming judges to the courts who will think that people should take responsibility for their actions, and not clog the  dockets with such frivolous cases as rape and forced masturbation. 

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