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Originally posted by F4guy
reply to post by mobiusmale
To succinctly answer your question, the answer is yes. A more insightful question would be, "Can an inmate win, or is he likely to win, such a suit. Except for a few limited situations, there is no pre-filing screening process for lawsuits. Anyone can grab a pen and a piece of paper and write down anything, take it to a courthouse, pay the filing fee, and voila, somebody is sued. Then the "screening begins, usually as a result of a Rule 12 motion to dismiss for one of a number of reasons, or of a Rule 56 Motion for Summary Judgment.
One large impediment to the success of such a suit would be the defense of sovereign immunity, although a case would have a better chance of evading that defense if framed as a "1983" action for a deprivation of rights under color of state law, or, if it's a federal prison, a "Bivens" action. Incidentally, one study showed that a rape by prison staff occured three times more often than a rape by a fellow inmate. blog.timesunion.com...
The prisons would be deserted if they prosecuted drug violations the way they do immigration violations.
Originally posted by mobiusmale
reply to post by KaiserSoze
But for those found to be selling or using drugs (many of which are supplied by said illegal immigrants)...we throw the book at them and keep them in jail for decades at a time.
The Prison Rape Elimination Act of 2003 (PREA) is the first United States federal law passed dealing with the sexual assault of prisoners. The bill was signed into law on September 4, 2003.
Originally posted by muzzleflash
Yes it is a direct violation of the Eighth Amendment of the United States Constitution.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
VIII Amendment Wiki - Must Read!!