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S.Ct. Hears Argument in Prisoner Attack Case
On January 12, 1994, the U.S. Supreme Court heard oral argument in Farmer v. Brennan , Case no. 92-7247. Farmer is a transsexual federal prisoner who was raped after being placed in general population at the U.S. Penitentiary at Terre Haute, IN. She filed suit claiming that prison officials were deliberately indifferent to her safety by placing her in such an environment where they knew or should have know she was likely to be sexually assaulted. The district court had dismissed Farmer's suit stating she had not shown prison officials were aware of any danger or risk to her. The court of appeals for the seventh circuit affirmed.
The Supreme Court will decide the extent of prison of ficial's liability for failing to protect prisoners in their care. The plaintiffs ask that the court focus on the obviousness of the risk involved to rule in Farmer's favor. The government argued that prison officials must have "actual knowledge" of danger to a prisoner's safety before they can be deliberately indifferent to the prisoner's safety.
Stop Prisoner Rape, a nonprofit educational group which seeks to do just what its name says, filed an amicus brief with the court. The brief gives a lengthy and extremely detailed examination of the scope and problem of rape in this country's prison and jail facilities. It provides useful and valuable information for anyone litigating this issue. Copies of the brief are available for $3.00 (unbound) or $6.00 (bound) from: SPR, 3149 Broadway, #4, New York, NY. 10027 (212) 666-0344.
The Supreme Court will decide the extent of prison of ficial's liability for failing to protect prisoners in their care. The plaintiffs ask that the court focus on the obviousness of the risk involved to rule in Farmer's favor. The government argued that prison officials must have "actual knowledge" of danger to a prisoner's safety before they can be deliberately indifferent to the prisoner's safety.
Stop Prisoner Rape, a nonprofit educational group which seeks to do just what its name says, filed an amicus brief with the court. The brief gives a lengthy and extremely detailed examination of the scope and problem of rape in this country's prison and jail facilities. It provides useful and valuable information for anyone litigating this issue. Copies of the brief are available for $3.00 (unbound) or $6.00 (bound) from: SPR, 3149 Broadway, #4, New York, NY. 10027 (212) 666-0344.
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Related legal case
Farmer v. Brennan
| Year | 1993 |
|---|---|
| Cite | 114 S.Ct. 56 (1993) |
| Level | Supreme Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
FARMER, 114 S. Ct. 56 (U.S. 10/04/1993)
[1] SUPREME COURT OF THE UNITED STATES
[2] 92-7247
[3] 114 S. Ct. 56, 126 L. Ed. 2d 26, 62 U.S.L.W. 3244, 1993>
[4] October 4, 1993
[5] FARMER, DEE, PETITIONER
v.
BRENNAN, EDWARD, WARDEN, ET AL.
[6] ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
[7] Rehnquist, Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg.
[8] The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 16, 1993. The brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 14, 1993. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, January 5, 1994. Rule 29 does not apply.
[1] SUPREME COURT OF THE UNITED STATES
[2] 92-7247
[3] 114 S. Ct. 56, 126 L. Ed. 2d 26, 62 U.S.L.W. 3244, 1993>
[4] October 4, 1993
[5] FARMER, DEE, PETITIONER
v.
BRENNAN, EDWARD, WARDEN, ET AL.
[6] ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
[7] Rehnquist, Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg.
[8] The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 16, 1993. The brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 14, 1993. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, January 5, 1994. Rule 29 does not apply.