Im not saying there isnt a systemic problem. Im not saying there shouldnt be things done or that there shouldnt be prison refomr. Im saying..>THAT is not what THIS CASE is about. Try to make it so and they will lose.
I have been enjoined on one very ugly civil suit that involved every doctor in every department that came in contact with a specific patient, the hospital, nurses...any and everything including a failing of the state regulatory boards. The plaintiff lost the case precisely for that reason. Had they just gone after the radiologist that missed the scan indicating a stroke, they might have won and collected something (though because of the particulars, not much). Instead...they got laughed out of the courtroom. Literally. This case will be no different. If they can prove there was some specific incident of otherwise foreseeable negligence (and IMO, intent) they have a shot. If they try to make this on the violence inherent in the system...they lose.
and on that note...
Because life is a Python movie...
Moderator's Warning: Cut out the baiting, attacks, and other nonsense.
"§ 115.141 Screening for risk of victimization and abusivenes
(a) In lockups that are not utilized to house detainees overnight, before placing any detainees
together in a holding cell, staff shall consider whether, based on the information before them, a
detainee may be at a high risk of being sexually abused and
, when appropriate, shall take
necessary steps to mitigate any such danger to the detainee...
The agency shall provide multiple ways for detainees to privately report sexual abuse and
sexual harassment, retaliation by other detainees or staff for reporting sexual abuse and sexual
harassment, and staff neglect or violation of
responsibilities that may have contributed to such
The agency shall develop a written institutional plan to coordinate actions taken
to a lockup incident of sexual abuse, among staff first responders, medical and mental health
practitioners, investigators, and agency leadership...
Hiring and promotion decisions.
(a) The agency shall not hire or promote anyone who may have contact with detainees, and shall
not enlist the services of any contractor who may have contact with detainees, who
(1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997);
(2) Has been convicted of engaging or attempting to engage in sex
ual activity in the community
facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent
or was unable to consent or refuse; or
Neither the agency nor any other governmental entity responsible for collective bargaining on
the agency’s behalf shall enter into or renew any collective bargaining agreement or other
agreement that limits the agency’s ability to remove alleged sta
ff sexual abusers from contact
with detainees pending the outcome of an investigation or of a determination of whether and to
what extent discipline is warranted...
For each lockup, the agency shall develop and document a staffing plan that provides for
adequate levels of staffing, and, where applicable, video monitoring, to protect detainees against
sexual abuse. In calculating adequate staffing levels and determining the need for video
ng, agencies shall take into consideration;
(1) The physical layout of each lockup;
(2) The composition of the detainee population;
(3) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and
(4) Any other relevant factors.
In circumstances where the staffing plan is not complied with, the lockup shall document and
justify all deviations from the plan.
(c) Whenever necessary, but no less frequently than once each year, the lockup shall assess,
determine, and document whether
adjustments are needed to:
(1) The staffing plan established pursuant to paragraph (a) of this section;
(2) Prevailing staffing patterns;
(3) The lockup’s deployment of video monitoring systems and other monitoring technologies;
(4) The resources the l
ockup has available to commit to ensure adequate staffing levels.
(d) If vulnerable detainees are identified pursuant to the screening required by § 115.141,
security staff shall provide such detainees with heightened protection, to include continuous
ct sight and sound supervision, single
cell housing, or placement in a cell actively monitored
on video by a staff member sufficiently proximate to intervene, unless no such option is
determined to be feasible.
§ 115.114 Juveniles and youthful detainees.
uveniles and youthful detainees shall be held separately from adult detainees.
§ 115.115 Limits to cross
gender viewing and searches.
(a) The lockup shall not conduct cross
gender strip searches or cross
gender visual body cavity
searches (meaning a search
of the anal or genital opening) except in exigent circumstances or
when performed by medical practitio