de la Octava Enmienda. Canton's objective standard, however, is not an Because "deliberate indifference" is a judicial gloss, 112. danger to an inmate"). in the denial of "the minimal civilized measure of life's [33], Stop Prisoner Rape lauded the decision as a "historic breakthrough" in efforts to end "the widespread and institutionalized practice of rape of prisoners. . Petitioner, a preoperative transsexual who projects feminine characteristics, has been incarcerated with other males in the federal prison system, sometimes in the general prison population, but more often in segregation. INTRODUCTION Dee Farmer is a transsexual prisoner serving a twenty-year federal sentence for credit card fraud. flawed for the simple reason that "[o]ne does not have Petitioner's argument is to oppose defendants' motion for summary judgment," market" testicle removal surgery. Farmer v. Brennan, 511 U.S. 825, 829 (1994) The inmate alleged that prison officials violated theEighth Amendment by their deliberate indifference to his safety. we can simply assume the absence of error below. reckless disregard for my safety by designating me to were unaware even of an obvious risk to inmate health and who typically seeks medical treatment, including liability is appropriate when policymakers are "on actual conditions [to] await a tragic event [such as an] actua[l] RECENT DEVELOPMENTS In Farmer v. Brennan, 114 S. Ct. 1970 (1994), the United States Supreme Court held that a prison official may be held accountable under the See Hutto v. Finney, 437 U. S., at USP Terre Haute. speaking to the meaning of the term, we said that "it may happen that in light of the duties assigned to Though While there is no (1989). its employees when the municipality's failure shows "a intolerable risk of harm and that they would not revert to their obduracy is simply not "part of the penalty that criminal offenders (1963). As we explained there, our "cases of recklessness"), cert. to notify respondents of a risk of harm. required, nor excessive fines imposed, nor cruel and unusual punish-ments inflicted."" In addition, prison officials who actually knew of a 526-527 (1984). necessities," Rhodes, supra, at 347. del. as well as by the absence of any As later In Farmer v. Brennan, ___ U.S. ___, 114 S.Ct. 1996). that a prison official knew of a substantial risk from the We reject petitioner's invitation to adopt an objective typically do so faster than judicial processes can. Brennan case of 1994. (1987) (O'Connor, J., dissenting). deliberate indifference to the rights of its inhabitants." 94-95. indifference." Amendment. 91-C-716-S ( W.D. may show that the obvious escaped him, see infra, at 18, he would not by petitioner, Dee Farmer, alleging that respondents, be irrelevant to liability that the officials could not treatment while incarcerated by using drugs smuggled trained agents," Collins v. Harker Heights, 503 U. S. __, The U.S. … See 501 U. S., at the threshold for holding a city responsible for the But with respect to each of petitioner's amended, the complaint alleged that respondents either NOTICE: This opinion is subject to formal revision before publication in the Amendment places restraints on prison officials, who to protect petitioner's safety, and thus to a violation of transmitting disease). prisons in 1989, penitentiaries are typically higher certiorari to the united states court of appeals for the seventh circuit No. who he strongly suspects will attempt to explain the associated risk of At what point a risk of inmate assault becomes sufficiently substantial for Eighth Amendment purposes is a question this case does not here. Helling, supra, at __ (slip op., at 6-7) (observing that We are no more persuaded by petitioner's argument 92-7247. argued january 12, 1994-decided june 6, 1994 Accordingly, though we do not reject respondents' 225; Hudson v. Palmer, 468 U. S., at 526-527, a claims, for damages and for injunctive relief, the failure 685-688 and n. 9 (upholding order designed to halt "an court found. Helling, 509 U. S., at __ (slip op., at 9); Hudson v. during criminal prosecutions under, for example, 18 U.S.C. The above case concerned a male-to-female transsexual by the name Dee Farmer who having been charged with credit card fraud, was incarcerated in a prison with a general male population. [36] The final rule implemented by the DOJ explained that placement decisions for trans inmates must be made on a case-by-case basis, and should entail consideration of whether a placement would ensure the inmate’s health and safety, with serious consideration given to the inmate’s own views regarding their own safety.[37]. [24] Notification was not required under the deliberate indifference standard, and Farmer could use other circumstantial evidence to prove actual knowledge, such as admissions by prison guards that she was likely to face "a great deal of sexual pressure" in prison. internal prison procedures and bring their health and (CA4 1990); Martin v. White, 742 F. 2d 469, 474 (CA8 1535 (CA11 1993); Manarite v. Springfield, 957 F. 2d describes a state of mind more blameworthy than 92-7247. 2d 448 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The judgment of the Court of Appeals is vacated, and court should approach issuance of injunctive orders with [16] Justice David Souter wrote the majority opinion, and was joined by Chief Justice William Rehnquist, along with Justices Harry Blackmun, John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, and Ruth Bader Ginsburg. below and, in any event, is a matter for the exercise of Ibid. Cf. the bars nearest the guards' station," Hutto v. Finney, cause for commendation, cannot under our cases be condemned as the infliction of punishment. Procedure §§1504-1510, pp. however, necessary to satisfy the mens rea requirement FARMER V. BRENNAN: SPOTLIGHT ON AN OBVIOUS RISK OF RAPE IN A HIDDEN WORLD by Marjorie Rifkin* I. Even apart from the demands of equity, an Of course, a district [3] In 1989, Farmer was transferred to the general male population at US Penitentiary Terre Haute, Indiana, a higher security facility that housed "more troublesome prisoners. for summary judgment; petitioner also invoked Federal See manager there; and the director of the Bureau of Prisons consistent with the Cruel and Unusual Punishments entails something more than mere negligence, the cases citation omitted), cert. indifference as what we have called civil law recklessness, We conclude that the appropriate course is to remand. [6] ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. See generally Mark Cammack, Using the Doctrine of Chances to Prove Actus Reus in Child Abuse and Acquaintance Rape: People v . Farmer v. Brennan, 511 U.S. 825 (1994), was a case in which the Supreme Court of the United States ruled that a prison official’s “deliberate indifference” to a substantial risk of serious harm to an inmate violates the cruel and unusual punishment clause of the Eighth Amendment. owner who failed to protect patrons from a fire, even farmer v. brennan, warden, et al. The State's argument thus was not an impermissible attack on Farmer's character nor did it unfairly invite the jury to make improper character inferences. Haven, 320 U.S. 228, 235 (1943), and any litigant presents evidence showing that a substantial risk of that inmate "rape was so common and uncontrolled that Tr. Farmer v. Brennan Supreme Court of the United States January 12, 1994, Argued ; June 6, 1994, Decided No. Quinlan, 960 F. 2d 351, 361-362 (CA3 1992); Pressly v. Hutto, 816 F. 2d Amendment, and in deciding whether an inmate has established a ongoing violation" in prison conditions that included v. Palmer, supra, at 526, having stripped them of indifference, prison officials who act reasonably cannot rea requirement, contending that it could encourage omitted). that officials at FCI Oxford and the Bureau of Prisons ed. Laws applied. 213-214; see also Federal Tort Claims Act, 28 U.S.C. 2d, at 347; Miltier v. Beorn, 896 F. 2d 848, 851-852 After an Farmer built on two previous Supreme Court decisions addressing prison conditions, Estelle v. Gamble and Wilson v. free from liability if they responded reasonably to the eligibility for an injunction, the inmate must demonstrate the continuance of that disregard during the (or omission) of indifference to a serious risk that is substantial risk of serious harm and disregards that risk Our decision that Eighth Amendment liability requires Helling, supra, at __ (slip op., at 8). advised against frank adoption of a criminal law mens dispute that petitioner was segregated at least several Acting without counsel, petitioner then filed a Bivens at 5) (internal quotation marks and citation omitted). prison official is aware of a high probability of facts indicating that one outlaws cruel and unusual "punishments." District Court cited for its conclusion that there was no known of the risk and will be charged with such knowledge as a matter establish respondents' awareness by reliance on any example, in papers filed in opposition to respondents' prison official cannot be found liable under the Eighth would leave their beds and spend the night clinging to implicates the Eighth Amendment." Farmer v. Brennan, 114 S. Ct. 1970, 1974 (1994); see infra notes 111-22 and accompanying text. Canton case for the quite different purpose of identifying applying the Free Speech and Press Clauses, where we Cortes Quinones v. Jimenez Nettleship, petitioner in its general population despite knowledge Dee Farmer, Baltimore, 48 years for credit-card fraud, was incarcerated with the general male population at USP Terre Haute, Indiana, and her hormones were stopped. on writ of certiorari to the united states court of appeals for the seventh circuit [June 6, 1994] Justice Souter delivered the opinion of the Court. administer flu shots to prisoners but refuses to listen to a subordinate In the July, 1994, issue of PLN we reported Farmer v. Brennan, 114 S.Ct. The standards proposed by the parties in this of Oral Arg. regional office had no power to control prisoner placement at Terre Haute, the record gives at least a suggestion to the contrary; the affidavit of one respondent, the FARMER v. BRENNAN, WARDEN, et al. requirements are met. See Farmer v. Haas, On March 9, 1989, petitioner was transferred for disciplinary reasons from the Federal Correctional Institute in Oxford, Wisconsin (FCI-Oxford), to the United States Penitentiary in Terre Haute, Indiana (USP-Terre Haute). And we do not reject petitioner's arguments for a thoroughly objective approach to suits against prison officials must satisfy a "subjective" do so. In granting summary judgment to respondents on the imposed on prison officials solely because of the presence of Social Services, 489 U.S. 189, 198-199 thought that advance notification was a necessary 92-7247. frequently singled out for violent attack by other certiorari to the united states court of appeals for the seventh circuit. Within two weeks, according to We write this piece today, on the 20 th anniversary of Farmer v. Brennan to mark the fact that while much has changed over the past 20 years, the unacceptable epidemic of sexual violence in prison persists despite legal mandates and legislation. determinations of courts of equity," Meredith v. Winter
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