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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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