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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:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- 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.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- 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.
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- $30,000 Settlement Reached in Virginia Jail Death That Put Richmond Lockup Under State Oversight, Aug. 1, 2026. Jail Misconduct, Failure to Protect (General), Staffing, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.

