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25 J. Offender Rehab. 1 (1997)

handle is hein.journals/wjor25 and id is 1 raw text is: Joural of Ottender Rehabltation, Vol. 25 (1/2), 1997. Pp. 1-30. @ t997by The Haworth Press, Inc. All rights reserved. Prison Officials' Liability for Inmate-to-Inmate Assault: A Review of Case Law MICHAEL S. VAUGHN Georgia State University ABSTRACT This article discusses civil liability under Title 42 of the United States Code, Section 1983 of prison officials for imnate-against-in- mate assault. It examines Farmer v. Brennan, a 1994 case decided by the United States Supreme Court on inmate assault. The article also analyzes 44 pre-Farmer cases decided in the United States Circuit Courts of Appeals. Two categories of cases provide the framework for the analysis: (1) the absence of intervention by prison officials to prevent inmate assaults and (2) permitting inmate access to potential weapons used in inmate assaults. The absence of intervention cases shows that liability attaches when prison officials observe assaults without intervening, when they fail to routinely monitor assault-plagued areas, when they give inmates access to other inmates' living quarters to commit assaults, and when they incite inmates' to commit assaults. The weapons cases show that liability attaches when prison officials fail to detect weapons in their facilities and when they fail to follow prison tool control policies. In addition, 27 post-Farmer cases on inmate-against-inmate assault are cited to outline the parameters under which prison officials might be held liable in post-Fanner litigation. The article concludes with observations about the prospective impact and policy implications of the Farmer decision. [Article copies available for a fee from The Haworth Document Delivery Service: 1-800-342-9678. E-mail address: getinfo@haworh.com]

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