Inmate raped by cellmates can sue prison guards

(02-11) 19:10 PST San Francisco — The state Supreme Court allowed a transgender former prison inmate on Wednesday to proceed with a lawsuit accusing prison guards of failing to protect her from being raped and beaten by her cellmates.
In her suit, Alexis Giraldo said she was being held at Folsom State Prison for shoplifting and a parole violation in January 2006 when a cellmate began assaulting and raping her on a daily basis. She said prison staff ignored her complaints until March 2006, when she was transferred to segregated housing after a second cellmate attacked her with a box-cutter. She was paroled in July 2007.

Prison officials denied failing to protect Giraldo, who was housed at the all-male prison because she had not undergone surgery. A San Francisco jury rejected her emotional-distress claim against six prison employees in August 2007 after the trial judge dismissed her claim of negligence, ruling that guards have no legal duty to protect inmates from harm.

The First District Court of Appeal in San Francisco overturned the judge’s ruling last November, saying a jailer who takes a prisoner into custody must take reasonable steps to protect that prisoner from foreseeable injuries. California’s high court denied review of the state’s appeal Wednesday, allowing Giraldo to pursue her claim that negligence by prison employees was a cause of the assaults.

source http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/02/12/BA7C15SKL5.DTL

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: