Reference no: EM133391991

As we have observed throughout the course, inmates frequently bring civil suits against prison officials under § 1983 alleging violations of their civil rights under the constitution. The U.S. Supreme Court developed the deliberate indifference test as a standard for determining whether or not the prison has violated the prisoner's civil rights. Using this standard and the other concepts explored in the course, consider?the following:

"Sherry" was recently transferred to San Quentin prison in California from Corcoran after she was deemed too difficult to handle by prison officials. Sherry is a biological male but she prefers to live as a woman, despite the challenges her decision creates for her in a prison environment. After initial intake at San Quentin, a medical doctor advised that Sherry be housed in segregation for her own safety. This upset Sherry because she did not want to live the next 25 years (the length of her sentence) alone. After several requests to be released to the general population, prison officials acquiesced and reassigned her to "D" block, where several sexual offenders are housed. Within four days, Sherry was brutally raped and beaten. She was medically treated and sent back to segregation for the remainder of her sentence.

Refer to the deliberate indifference and failure to protect standard, as well as the court's analysis in Farmer v. Brennan (1994) and respond to the following:

1. What is the standard Sherry must meet in a § 1983 claim in this case?

2. Compare Sherry's case with the facts in Farmer v. Brennan. Using the court's reasoning, do you think Sherry will prevail? Why or why not?

3. Do you agree with the court's reasoning in developing this standard? Why or why not?

4. What was Sherry's responsibility in this scenario? The prison's responsibility? Discuss fully.