Thomas v. Jacobs — 2d Cir. (Oct 15, 2026)
The Second Circuit hears James Thomas's appeal over a prison search and alleged retaliation. In February twenty nineteen, officers at New York's Sullivan Correctional Facility searched him for suspected contraband. Thomas says an officer sexually assaulted him during the search, and that he later faced threats and retaliation for complaining. The defendants dispute his account. A federal judge granted them summary judgment, ending the case without a trial, including qualified immunity on his Fourth Amendment search claim. Thomas will argue that his sworn evidence raises questions for a jury; the state will defend the judgment. Summary judgment is available when there is no genuine dispute of material fact and the law entitles the moving party to win. The court must draw reasonable inferences in the opposing party's favor, rather than decide which witnesses to believe. Qualified immunity can protect an officer from civil damages even for unconstitutional conduct, unless the violated right was clearly established at the time. Here, the panel will consider the manner of the search, and whether recordings and logs resolve the contested facts or leave questions for a jury.
Thomas v. Jacobs (No. 25-701) — U.S. Court of Appeals for the Second Circuit, argued October 15, 2026.
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