NCJ Number
162939
Journal
Journal of Criminal Justice Volume: 24 Issue: 2 Dated: (1996) Pages: 139-152
Date Published
1996
Length
14 pages
Annotation
This article assesses civil liability against prison officials brought under Title 42 of the U.S. Code, Section 1983, for inmate-against-inmate assaults resulting from the incarceration of violent offenders.
Abstract
After a discussion of Farmer v. Brennan, the U.S. Supreme Court's case on inmate-against-inmate assault, the article focuses on 35 pre-Farmer cases to identify situations and circumstances most likely to result in civil liability against prison officials in post-Farmer litigation. The analysis is divided into four types of cases that invoke possible liability: (1) failure to implement classification decisions and segregate vulnerable inmates from aggressors; (2) failure to provide protection promised to a specific inmate; (3) failure to provide protection to an inmate on an enemy hit list; and (4) failure to enforce court orders and consent decrees mandating protection for vulnerable inmates. The article concludes that comprehensive breakdowns in prison management lead to disorganization that fosters an environment in which inmate-against-inmate assaults flourish. 89 references and 7 notes