T.W. v. Echtenkamp — 9th Cir. (argued August 4, 2026)
The United States Court of Appeals for the Ninth Circuit hears T.W. versus Echtenkamp. The case involves an Eighth Amendment claim brought by a prisoner, identified as T.W., who alleges that Emily Echtenkamp, a mental health counselor working at a juvenile detention facility, engaged in a pattern of sexual misconduct. According to the complaint, Echtenkamp showed T.W. sexually explicit images and videos of herself, made repeated sexual propositions, and touched T.W.'s leg in a sexual manner—all while T.W. rebuffed these advances. T.W. was twenty-one years old at the time, convicted as an adult at sixteen, and assigned to Echtenkamp for counseling after having been victimized by another staff member's sexual abuse. The legal issue on appeal is whether qualified immunity shields Echtenkamp from suit—specifically, whether controlling precedent clearly established that her alleged conduct violated the Eighth Amendment's prohibition on cruel and unusual punishment. The district court denied qualified immunity, and Echtenkamp appeals. A three-judge panel of Judges Hawkins, McKeown, and Christen heard argument.
T.W. v. Echtenkamp (No. 25-5777) — U.S. Court of Appeals for the Ninth Circuit, argued August 4, 2026.
- 0:00Introduction
- 1:21advocate_intro
- 2:02Qualified immunity
- 3:22The Eighth Amendment
- 6:43Fourteenth Amendment and pretrial detainees
- 18:00advocate_intro
- 23:19Hope versus Pelzer and the obvious case
- 36:52Awaiting a decision