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Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit
by Matthew T. Clarke
The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both failures to protect him in violation of the Eighth Amendment and discrimination based …
The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both failures to protect him in violation of the Eighth Amendment and discrimination based …
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More from this issue:
- Abu Ghraib's Stain on Military Medicine, by Steven Miles
- New Jersey County Settles With Imprisoned Deaf Man For $175,000
- From the Editor
- PLN's ADX Censorship Suit Partially Survives Motion to Dismiss
- Wisconsin Enacts Law, Prison Reforms Regarding Sex Assaults
- California Establishes Statewide Hepatitis-C Management Program
- Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit
- Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail
- Five Homicides In L.A. County Jail Blamed On Security Lapses; 25 Sheriff's Deputies May Be Disciplined
- PLN Wins Washington DOC Bulk Mail Suit, Again, by John E Dannenberg
- Untreated Dental Infection Kills California Prisoner
- Nine California Guards Fired For Prisoner Assaults
- CCA Pays House Majority Leader’s Personal Charity $100,000
- New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards
- Phone Companies Gouge California Jail Prisoners' Families
- California Criminal Fine Surcharges Ruled Ex Post Facto
- New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards
- New York Legislator Pays For CSC-Chauffeured Rides
- Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner
- California Awards MCI WorldCom Another Sole-Source Prisoner Phone Contract
- Louisiana Jail Settles Suicide Suit For $3 Million
- California Youth Authority Fires Six For Pummeling Prisoners And Filing False Reports
- Court Holds Florida's Administrative Processing Fee is Constitutional
- Florida's Faith-Based Programs Under Watchful Eyes, by David Reutter
- $40,000 To Settle Excessive Force Claim At Los Angeles County Jail
- Rhode Island Prisoner Awarded $3,900 for False Imprisonment
- Texas State Equipment and Employees Used for Private Prison Labor Lobbying, by Matthew Clarke
- Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide
- Race-Based California Prison Job Lockout May Violate Equal Protection
- Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition
- New Jersey DOC Liable for Prisoner Death Caused by CMS, by Robert Woodman
- No Miranda Error During FBI Office Interrogation Where Parolee Knew He Was Free To Leave
- Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit, by Matthew Clarke
- Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration
- D.C. Prisoner Receives $19,500 Settlement for Slip-and-Fall
- BOP Good-Time Statute Upheld By Three Circuits
- First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up
- Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing
- News in Brief
- Triple-Dipping Jail Psychiatrist Fired For Past Medicare Fraud Conviction
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025. Conditions of Confinement, Failure to Protect (General), Staffing, Exercise, Lockdowns, Control Units/SHU/Solitary Confinement, Guards/Staff, Staff Training.
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025. Failure to Protect (General), Food, Staffing.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing, Aug. 1, 2025. Failure to Protect (General), Overcrowding, Bedding.

