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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:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records, May 1, 2026. Racial Discrimination, Medical Records, COVID-19, Statistics/Trends, Databases.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.

