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Qualified Immunity Denied in Washington Rape of Transsexual Prisoner
Loaded on Oct. 15, 2001
published in Prison Legal News
October, 2001, page 15
The Ninth Circuit Court of Appeals has denied a Washington guard's claim of qualified immunity in sexually assaulting a transsexual prisoner. The Court also held the protection afforded by the Gender Motivated Violence Act (GMVA) extends to transsexuals, but upheld qualified immunity for the GMVA claims. The GMVA's civil remedies …
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More from this issue:
- America's Jails: The Dungeons of the New Millenium, by Sam Rutherford
- From the Editor, by Paul Wright
- The Connally Seven - A Texas Prison Escape and its Aftermath, by Roger Hummel
- Not Part of my Sentence: The Rape of Washington Prisoners, by Silja JA Talvi
- The Cost of Running Washington's Rape Camps, by Paul Wright
- Male Prisoner Settles Guard Rape Suit for $6,000
- Qualified Immunity Denied in Washington Rape of Transsexual Prisoner
- Jury Awards $5,000 to Beaten Texas Prisoner
- BOP Lieutenant Pleads Guilty to Brutality Charges, by Robert Durkee
- Malicious Use of Force Violates Eighth Amendment, by John E Dannenberg
- Damages in Denial of Exercise Suit Reversed
- Use of Restraint Chair Not Cruel and Unusual Punishment
- Chinese Company Convicted of Using Forced Prison Labor
- The Prison Payoff: The Role of Politics & Private Prisons in the Incarceration Boom
- PLN Wins Nevada Censorship Suit
- California State Prisoner's Handbook, by John E Dannenberg
- Sanction Excessive When It Excludes Medical Expert's Testimony
- Administrative Exhaustion Not Jurisdictional, by John E Dannenberg
- Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b)
- Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial
- Denial of Interest Does Not Violate Takings Clause
- Ohio ACLU Challenges Supermax
- The Prison Activist Resource Center: It's About Sharing Resources and Working Collectively, by Marti Hiken
- Sixth Circuit Upholds PLRA Attorneys' Fees Cap
- News in Brief
More from these topics:
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- $3 Million Settlement Reached with BOP for Attorney’s Fees in Sex Abuse Class-Action from Now-Shuttered California “Rape Club”, Aug. 1, 2026. Staff-Prisoner Assault, Attorney Fee Awards, Settlements, Consent Decrees, Class Actions.
- GAO Report Finds Rampant Sexual Abuse in Federal Prisons, Most Cases Unresolved, Aug. 1, 2026. Staff-Prisoner Assault, Prisoner-Prisoner Assault, DOC/BOP misconduct, Corrections Audits, Prison Rape Elimination Act.

