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Originally posted by Pervius
America's Prison System was created to make something.
Wouldn't it be more humane to put someone in 1 cell and keep them there until it is time to release them?
Originally posted by mobiusmale
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...
I would like to thank you for your answer...first as to the fact that an inmate has the right to sue.
But, could you possibly enlighten us a little more as to what a "1983" action is...or a "Bivens" action?
Originally posted by butcherguy
reply to post by muzzleflash
I would say that if the govt caused or knowingly allowed it to happen, yes, it would be a violation of the constitution. As others have said, it would be difficult to prove.
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!!
Originally posted by 8om8er
Simply food for thought........can an ordinary citizen on the street sue their local or state government if they are raped?
I see exactly what you are saying, but with prisons being full of prisoners I guess reliable witnesses would be few and far between, making such litigation difficult.