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Raped Prisoner's § 1983 Suit States Claim
Raped Prisoner's § 1983 Suit States Claim
The U.S. District Court for the District of Nevada held that a prisoner's
civil rights suit against county commissioners stated a claim. After
allegedly being raped by fellow prisoners in the Washoe County (Nevada)
Jail, Christopher Warner brought a § 1983 action against county
commissioners. The commissioners argued that Warner failed to state a
claim against them and moved for dismissal. The district court denied the
motion, holding that 1) Nevada statute NRS § 211.020 instructs
commissioners to check into the "treatment and condition of the
prisoners," and 2) Commissioners knew that previous assaults had been
committed at the jail. Accordingly, the court held that Warner had indeed
stated a claim. See: Warner v. County of Washoe, 620 F.Supp. 59 (D.C.Nev.
1985).
The U.S. District Court for the District of Nevada held that a prisoner's
civil rights suit against county commissioners stated a claim. After
allegedly being raped by fellow prisoners in the Washoe County (Nevada)
Jail, Christopher Warner brought a § 1983 action against county
commissioners. The commissioners argued that Warner failed to state a
claim against them and moved for dismissal. The district court denied the
motion, holding that 1) Nevada statute NRS § 211.020 instructs
commissioners to check into the "treatment and condition of the
prisoners," and 2) Commissioners knew that previous assaults had been
committed at the jail. Accordingly, the court held that Warner had indeed
stated a claim. See: Warner v. County of Washoe, 620 F.Supp. 59 (D.C.Nev.
1985).
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