March 19 - Farmer v Brennan(1994 o(plaintiff D Farmer v...

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March 19, 2008 Farmer v. Brennan (1994) o (plaintiff) D. Farmer v. Brennan o First time Supreme Court tried to define deliberate indifference o D Farmer is a transsexual who before prison had gone half-way through the process Transsexuals in grave danger of being harmed while in general population o Warden put him in general population o Farmer was sexually attacked; then sued prison staff on grounds that they showed deliberate indifference to his safety They violated his 8 th amendment right to safety because they ignored risk to his safety o Must an official know 100% about the risk? Or should he know some about the risk? o Justice Seutor writes In civil law the standard is that the defendant must have either known about the risk or should have known about the risks But in criminal cases the defendant actually has to know of the facts; liable only if he did not know o Ruling: to win an 8 th amendment lawsuit on grounds that prison official ignored risk to his safety, inmate must show that official DID know about the risk, not
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This note was uploaded on 03/15/2009 for the course CRJU 203 taught by Professor Haas during the Spring '06 term at University of Delaware.

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March 19 - Farmer v Brennan(1994 o(plaintiff D Farmer v...

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