UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________

No. 22-2846 ___________

TONY FISHER, a/k/a Kellie Rehanna, Appellant

v. WARDEN JORDAN HOLLINGSWORTH; WARDEN DOE; UNIT DOE, Unit Manager, MS. FISCHER; MR. WILLIAMS; N. WATKINS WARD; ANNA MORFE; STACIE D. MARANTZ-TATTERSDI; FEDERAL BUREAU OF PRISONS ____________

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 1-18-cv-16793) District Judge: Honorable Karen M. Williams ____________

Argued on February 8, 2024 Before: HARDIMAN, SCIRICA, and RENDELL, Circuit Judges.

(Filed: August 15, 2024) Gregory Cui Devi M. Rao Roderick & Solange MacArthur Justice Center 501 H Street NE Suite 275 Washington, DC 20002 Elena S. Meth [Argued] Roderick & Solange MacArthur Justice Center Supreme Court and Appellate Program 160 E Grand Avenue 6th Floor Chicago, IL 60611 Counsel for Appellant Christina S. Paek Lambda Legal 800 S Figueroa Street Suite 1260 Los Angeles, CA 90017 Richard Saenz Lambda Legal 120 Wall Street 19th Floor New York, NY 10005 Counsel for Amici Curiae Lamda Legal Defense & Education Fund, Inc., Black and Pink National, Center for Constitutional Rights, and Just Detention International in Support of Appellant

2 Jessica R. Amunson Elizabeth B. Deutsch Jenner & Block 1099 New York Avenue NW Suite 900 Washington, DC 20001 Counsel for Amicus Curiae New Jersey Coalition Against Sexual Assault in Support of Appellant Philip R. Sellinger Angela Juneau [Argued] Office of United States Attorney 970 Broad Street Room 700 Newark, NJ 07102 J. Andrew Ruymann Office of United States Attorney 402 E State Street Suite 430 Trenton, NJ 08608 Counsel for Appellee

3 ____________

OPINION OF THE COURT ____________

HARDIMAN, Circuit Judge.

This appeal involves an inmate seeking to recover damages from federal prison officials because of sexual assaults committed by another inmate. Consistent with the Supreme Court’s opinion in Egbert v. Boule, 596 U.S. 482 (2022), we hold that no federal constitutional claim lies to redress such injury. And even if it did, the complaint filed in this case was untimely. For these reasons, we will affirm the District Court’s order dismissing the suit.

I

A

Plaintiff-Appellant Tony Fisher 1 entered federal prison in summer 2013 after pleading guilty to charges of producing child pornography and enticing a minor for child 1 As the District Court noted, “Plaintiff is a biological male who now identifies as transgender.” Fisher v. Worth, 2022 WL 3500432, at *1 (D.N.J. Aug. 18, 2022). “At the time of the events that give rise to this matter, Plaintiff did not identify as transgender.” Id. Plaintiff signed the pro se complaint and the notice of appeal as “Tony Fisher.” But Plaintiff now also goes by “Kellie Rehanna.” Consistent with the prison records, complaint, notice of appeal, and caption, we refer to Plaintiff as Fisher.

4 pornography. 2 After an initial interview, the Bureau of Prisons (BOP) did not identify Fisher as at risk for sexual assault.

In July 2013, Fisher was transported to Fort Dix, a federal prison in New Jersey. There Fisher reported having been sexually assaulted at age 13, but that was Fisher’s only listed risk factor for sexual assault. A week after arriving, Fisher complained to the unit counselor about being verbally harassed and catcalled by other prisoners—especially by a prisoner known only as “C.” Fisher then met with the prison’s staff psychologist, Dr. Anna Mor