Can Inmates Who Are Raped in Prison Sue the Government?

page: 4
12
<< 1  2  3   >>

log in

join

posted on Dec, 23 2011 @ 08:20 PM
link   
BTW, someone made a comment about how guards will knowing place an inmate in harms way.
This is 100% true. I lost count of the times I heard of and/or saw someone be in the "wrong place" simply because the guard(s) didn't care for them.
The guy to the cell to the right of me got put on back door parole, however this had nothing to do with any guards.
As I said, I was in Ad Seg most of my time (6 years of the 7) however I did this on purpose because gen pop was just a gladiator school and it seemed to be a sure way to ride my time out.




posted on Dec, 23 2011 @ 09:09 PM
link   

Originally posted by bluemirage5
reply to post by mobiusmale
 




Don't do the crime and you won't find yourself in prison!


You don't have to commit a crime to find your self in prison, like that guy in Texas did 12 years for crime he didn't do was even on deathrow.
The guy had never even jaywalked, but the habitual criminal that killed the cop said this guy did it, and the stupid cops believed him till he killed some one else.

I remember I got called in by the cops once and all the cop kept saying was red baseball cap, I told him I had not wore a baseball cap since I was in little league.
edit on 23-12-2011 by googolplex because: oups



posted on Dec, 23 2011 @ 09:25 PM
link   

Originally posted by Malcher

Originally posted by musselwhite

Originally posted by NuclearPaul
I don't know how the prison system works (never been there), but I have no doubt some correctional officers will deliberately place people they don't like in harm's way. The trouble is, how do you prove it? If they want to, they can have you raped by proxy.

If I ever end up in prison (for what I type here, in the future
), I would be VERY respectful to the guards.
screw those guards - bunch of low iq people who cannot find a better paying job - supposed to be there to protect the population instead they use and abuse -

check it out - topdocumentaryfilms.com...

so you would be respectful to someone who has complete control over another human being - most of those prisoners are in prison because of the drug war the u.s. have declared -

this whole picture of prison system in the u.s. is staggering and ugly -



Drugs are illegal in about 98% of the countries on the Earth.



The history of international drug control gives insight into the philosophical and practical underpinnings of the three drug Conventions. Beginning in an era of morally tainted racism and colonial trade wars, prohibition-based drug control grew to international proportions at the insistence of the United States. America and the colonial powers were confronted with the effects of drug addiction and abuse at home, but rather than address both demand – the socio-medical nature of such problems – and supply, they focused uniquely on the latter and attempted to stem the flow of drugs into their territories. In doing so, they earned political capital back home and shifted the cost and burden of drug control to predominantly Asian and Latin American developing countries with no cultural inclination or resources to take on such an intrusive task – and no economic or military power to refuse what was imposed on them

Excerpt from: THE HISTORY AND DEVELOPMENT OF THE LEADING INTERNATIONAL DRUG CONTROL CONVENTIONS
www.parl.gc.ca...


Yes, drugs may be illegal, as you say, in 98% of the countries on the Earth, but the situation exists due to the U.S. war on drugs.



posted on Dec, 23 2011 @ 09:54 PM
link   

Originally posted by retiredTxn
I cannot fathom the cost to taxpayers if you tried to place 150,000 incarcerated individuals in isolation. Much less the cost to society as a whole from creating monsters who will be released upon that society after 2, 5, or 10 years of isolation. Most of those here advocating this would not last a few months, much less several years.
.


It is not necessary to consider solitary confinement for every single prisoner. This is simply an exaggerated attempt at a solution in order to bring a response of resignation to the situation of prison rape.

What has to happen is there has to be different correctional facilities to house criminals according to the particular nature of their crime.

The first sorting parameter is whether they are violent offenders or not.

The second would be for non-violent drug offenders.

Perhaps a third would be non-violent drug offenders who require psychological assessment and evaluation.

Someone convicted of supplying marijuana and with no history of violent offense should not be banged up with hardened violent criminals who have acquired street status by perpetration of violent crime in order to "earn their colors" or whatever.

Crime is not crime and punishment is not punishment.



posted on Dec, 23 2011 @ 10:14 PM
link   

Originally posted by Golden Rule

Yes, drugs may be illegal, as you say, in 98% of the countries on the Earth, but the situation exists due to the U.S. war on drugs.



First let me explain to you that there is no war on drugs. That is just some publicity for politicians get elected or re-elected. It's like saying "there is a war against armed robbery". How are you going to have a war against robbery? Meanwhile robbery is going to be a fact of life. Sure you can enforce laws but drugs grow out of the ground or someone gets chemicals and makes them from store bought ingredients.

I still cannot understand how the situation in say Europe, Asia etc. would be different if not for some imaginary war on drugs that the U.S is supposed to exist. Do you think that if you get caught in Turkey or England with drugs they give a damn what the U.S is doing? They have their own laws and those laws are not going to be too good for someone caught with drugs.

edit on 23-12-2011 by Malcher because: (no reason given)



posted on Dec, 23 2011 @ 10:59 PM
link   
I dont believe so. They put themselves in prison by commiting crimes. And in doing so, they only have a minimal right to safety in there. And the governments shouldnt have to take a single extra precaution to keep them any safer.

Rape in prison is one of the widely understood "deterents" for not getting put in there in the 1st place.

Elderly abuse, child rape and abuse, killing kids...these three alone...in prison can get you killed and raped and tossed...and not necessarily in that order.

Too bad....then dont commit the crime. They suffer the consequences and I sleep better at night knowing they are in there, and Im out here.



posted on Dec, 24 2011 @ 12:06 AM
link   

Originally posted by retiredTxn


Prison rape is no different than rape in society. It's all about power, violence, and dehumanizing the victim. More rapes in prison occur during the first few days of incarceration, in an intake facility prior to inmates being classified.


No. rape is that only according to feminism. Feminism is a hate movement, so the information your presenting is from a hate movement and thus invalid.

Rape is about one person wanting something(sexual in this case) and doing everything they can to get it regardless of who they hurt.

Issues like prison rape expose what a pathological society we are. Because only a psychopath(or a rapist) could ever cheer on, or excuse the current status of things. But many of these psychopaths view prison rape as an added deterrent(similar to how they view the death penalty, and oddly many who support the death penalty laugh about male prison rape, like male prison rape supporter Dana White, UFC owner).

People have to understand that 10-20% of the populace gets their rocks off on the pain and suffering of others. That is why there will always be a ready made mob of people to support any amount of hatred, bigotry and intolerance regardless of where it is directed at. These people love to hate and are unwilling to give up their "fun".



posted on Dec, 24 2011 @ 12:56 AM
link   
This is entirely different from being raped somewhere in public. If this happens to someone in jail, then obviously there were inmates interacting without any supervision, and this seems like a big breach of security. This is how gang fights happen, and all that stuff you read about or see on television.

If an inmate is out of his/her cell, they should be monitored at all times, especially in the vicinity of other prisoners. These people are forced to be there, and as much as some of them may deserve whatever happens to them, there are some there, believe it or not, who are completely innocent of any crime...They shouldn't have to suffer through something this traumatic while being forced into something by the state.

This goes for offenses that were not violent, etc...People who never hurt anyone except themselves. I think the government should be able to be sued, because then maybe they will implement better security so this crap doesn't keep happening.

Just imagine you are sent to prison over the next few months, for something you did not do. You just happened to be in the wrong place at the wrong time. You get convicted and sent to prison...Would you feel like interacting with anyone? Would you want guards around who actually would do their job when you are near the rest of the population?

I know I would never leave my cell unless forced to. All I am saying is that if you are going to be forced to be there, then whoever is forcing you is responsible for your well-being and safety. I just don't understand why they would let the prisoners mix in the first place without supervision...And they wonder why there are so many rapes and prison fights? How stupid our government is.



posted on Dec, 24 2011 @ 01:05 AM
link   
Prisons around the world are hitting their tipping points. Meaning they are overcrowded. If you sue one case, then you have to sue them all. If the Government was sued as much as rape happens in Prison, then they'd probably go broke.

In short, it wont happen. The "PTB" will not let it happen and we all that the "PTB" runs the whole outfit anyway.



posted on Dec, 24 2011 @ 01:27 AM
link   
It's really hard, not that silly, I mean to sue the Government, first you would have to be a snich, supposably work with the Government, ( which is very dangerous ) then you would have to prove they didn't give you proper protection, no not rubbers, but protection from injury by these bad people, you were helping to catch doing what ever.
You would also have to write all kinds of letters to Judges, congress people, governor, President, then you would have to take one for the team maybe more than one, then get shanked a couple of times.
Now if you live thru this, go to the hospital, get the news media, in on it you might have a chance at a lawsuit or maybe at least a get out of jail card.
But, No not as a matter of fact everyday rape, no law suit. Just tell them man I got Aids, it's nasty down there, or maybe carry small jar of Vaseline in case of emergency.

Some of them like to eat Sally, Sally with strawberry jam, if you don't know what that is don't ask.

I will never do nothing wrong again in my life, at least I hope I don't. Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! and that was just at the protcologist no where near prison.
edit on 24-12-2011 by googolplex because: (no reason given)



posted on Dec, 24 2011 @ 01:50 AM
link   
I cannot speak for US Prisons, but I can speak of UK ones. I am a Prison Nurse working in an Impatient Healthcare Unit at a B Catagory male prison.

In the UK Prison system, rape within prison is fortunately rare. I think a lot of this is down to how the UK prison system works differently to how the US system works. The UK system would be considered in the US sense of a Federal system as opposed to a State system. So all English prisoners can be moved to any English Prison regardless of where they originally lived.

Each UK Prison has a tendancy to 'specialise' in certain catagories of prisoner and type of prisoner. Prisons are based on catagory from A, B, C, D, with A being a Maximum Security Prison and D being an 'Open prison'. In addition there are also Youth Offender Institutes (YOI) as well as Detention Centres which are run by HM Immigration.

Within the UK system, prisons generally specialise in certain classes of crime. For example, the prison I work in is mostly composed of Sex Offenders (Peodophiles, Rapists, Sexual Assault) and also of Vulnerable Prisoners (known as VPs). We also cater for local community Remand prisoners who are awaiting conviction.

By seperating out the various classes of prisoners, the UK has found that there is less violence and rape within the system. There is also a lesser chance of gangs being formed as prisoners can be 'dispersed' to another prison at any time. Healthcare plays a big part as well within prison, especially now that the NHS is running the medical facilities within UK prisons as we are totally independant from HM Prison Service.

I hope that helps in giving a different perspective to Prisons from this side of Biglotawater.

regards
Wotan



posted on Dec, 24 2011 @ 05:29 AM
link   
If a person can spill coffee in their lap and get a big, fat multi-million dollar ruling out of it, why can't prisoners get something?

/TOA



posted on Dec, 24 2011 @ 09:11 AM
link   
reply to post by The Old American
 


First of all, that issue with the coffee...Everyone wants to point to this case as absurd and a person should of known better...There has been a documentary on the case, as it was reported cases like this were a major reason for tort reform...NOTHING COULD BE FURTHER FROM THE TRUTH...look at this article:


There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story.


www.lectlaw.com...

In addition, I suggest you watch the documentary, "Hot Coffee."

www.hotcoffeethemovie.com...

The point here is that persons MUST BE HELD LIABLE for performance of their duty(ies)...especially in prison!!! Peoples' lives are at stake and regardless of how you look at it, not every crime deserves a death sentence, nor do people deserve the fundamental lack of care demonstrated toward them, simply for committing a crime...
edit on 12/24/2011 by jeichelberg because: additional sources



posted on Dec, 24 2011 @ 10:42 AM
link   
You just have to face it, if your in prison.
You are _F_____, and I mean quite possibly in the literal since.
And No, They are not going to let you sue them.
Prison is not like being out on the street, I mean you are living with cold heartless criminals
On the street you don't have dudes come up and tell you they want to have sex with your buttie, you don't have to fight people or worry to much about getting stabbed, throat cut.

When I was in joint, they caught this straight dude with his thing up some gays rear, he found that hard to live down. Man what was you doing, well I was in the garden and I fell down on that cucumber.

If you play the game sooner or later you will play all the positions.



posted on Dec, 24 2011 @ 01:16 PM
link   
government is always raping us...I don't see anyone suing them. what's the difference if we get raped in jail or raped at home...WE still need to take responsibility for OUR own actions



posted on Dec, 24 2011 @ 04:47 PM
link   

Originally posted by korathin

Originally posted by retiredTxn


Prison rape is no different than rape in society. It's all about power, violence, and dehumanizing the victim. More rapes in prison occur during the first few days of incarceration, in an intake facility prior to inmates being classified.


No. rape is that only according to feminism. Feminism is a hate movement, so the information your presenting is from a hate movement and thus invalid.

Rape is about one person wanting something(sexual in this case) and doing everything they can to get it regardless of who they hurt.


This is where we will have to agree to disagree. If you are the rapist in prison, you are less likely to be raped yourself. The violence that occurs during a prison rape lets the person being raped know they will continue to be subjected to violence unless they cooperate. The act itself is dehumanizing, as the person being raped is immediately tagged as someone's bitch, be it an individual or gang, and as such will do their bidding.

I kind of feel my information is valid. Over 21 years experience working in security in the 2nd largest prison system in the United States, Texas, gives me that confidence. Perhaps you have issues with feminism and are letting that cloud your views.

Merry Christmas!



posted on Dec, 24 2011 @ 05:25 PM
link   

Originally posted by Golden Rule
It is not necessary to consider solitary confinement for every single prisoner. This is simply an exaggerated attempt at a solution in order to bring a response of resignation to the situation of prison rape.

What has to happen is there has to be different correctional facilities to house criminals according to the particular nature of their crime.


Trust me, regardless of how you classify, segregate, or try to prevent stronger inmates from perpetuating the pecking order in prison, someone will always step up and fill that position. Take all the inmates in any given prison who are gay, constantly being victimized by stronger inmates, or are victims of sexual assault and move them to a separate wing, pod, or dorm, and someone will become top dawg before all the moves are made.

It's the nature of prisons in America. There is this society inside prisons, and there is the free world. Those of us in the free world can't understand how different these societies are, unless we live there or work there. The inmates have 24 hours a day to hone their skills and plan their activities, and the officers are only there from 8 to 12 hours. It's not feasible to single cell every inmate, and there will never be enough officers to maintain constant surveillance of the population. I wish there was an easy answer, but I fear we are destined to maintain the current course until we stop filling our prisons with people trapped by the war on drugs. Too many are in prison for petty crimes, when their crime shouldn't be a crime in the first place.



posted on Dec, 29 2011 @ 05:28 AM
link   

Originally posted by Adamanteus

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.


The Government cannot/will not be held accountable for a rape after sending someone to prison anymore than they will/would be held accountable for the death of a US soldier they sent to war (even if he was drafted).



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!!


The Constitution does not apply to You/Me and certainly not prisoners.

"But indeed, no person has a right to complain, by suit in Court, on the ground of a breech of the Constitution. The Constitution, it is true, is a compact (contract), but he is not a party to it. The States are a party to it..." (emphasis added). [Padelford, Fay & Co. vs. The Mayor and Alderman of the City of Savannah, 14 Ga. 438 (1854)]
link


"The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. Each State established a constitution for itself, and in that constitution provided such limitations and restrictions on the powers of its particular government as its judgment dictated. The people of the United States framed such a government for the United States as they supposed best adapted to their situation and best calculated to promote their interests.The powers they conferred on this government were to be exercised by itself, and the limitations on power, if expressed in general terms, are naturally and necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself, not of distinct governments framed by different persons and for different purposes." [Barron v. Mayor & City Council of Baltimore. 32 U.S. 243]









You make an absolute statement and then cite 2 cases in support. However, your 2 supporting cases are from 1854 and 1833. Since those pre-civil war days a lot has changed. Like, for instance, the passage of constitutional amendments guaranteeing equal protection and extending due process rights to state action, and the passage of 18 U.S.C. 1983, and the passage of several civil rights statutes. In the modern world, you know, the one in which we actually live, it is very possible for a citizen to successfully sue a governmental entity for acts that occur in a prison.



posted on Dec, 29 2011 @ 06:32 PM
link   
reply to post by F4guy
 



If you have been convicted of a felony, you have lost your civil rights


link


You cannot Use 18 U.S.C. 1983 to sue someone for violating something You do not have anymore than You could take someone that stole Your neighbors car to civil court and ask for damages.

The 14th amendment took our inalienable rights away and gave us privileges and immunities(which can be taken away) in their place.



posted on Jan, 5 2012 @ 07:34 AM
link   

Originally posted by Adamanteus
reply to post by F4guy
 



If you have been convicted of a felony, you have lost your civil rights


link


You cannot Use 18 U.S.C. 1983 to sue someone for violating something You do not have anymore than You could take someone that stole Your neighbors car to civil court and ask for damages.

The 14th amendment took our inalienable rights away and gave us privileges and immunities(which can be taken away) in their place.


A felony conviction does not take away all of your civil rights. You lose your right to vote (in some states) and your right to posess a firearm. But you do not lose, definitionally your right to be free of cruel/unusual punishment or double jeopardy rights, or trial by jury, right to counse, due process or right to confront rights. You most certainly, if you are a convicted felon, sue someone under 1983. Just ask Maricopa county's insurance compant.





new topics
 
12
<< 1  2  3   >>

log in

join