The reason why Sherry felt like her Eight Amendment was violate by San Quentin prison is because she is a transgender male, who was transfer to “D” block where several sexual offenders are housed. While, she was there in “D” block, Sherry was brutally raped and beaten. Sherry stated her Eight Amendment right was violated because the San Quentin prison had knowledge by placing her in “D” block with several other sexual offenders that she would get assaulted by the other inmate. Now, by looking at Sherry case under the Farmer vs. Brennan (1994) case in section (1) and section (1) (A); it basically stated, “A prison system will be held liable for acting with deliberate indifference to an inmate health or safety if the prison system have knowledge
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Block “D” houses several sexual offenders and Sherry case will get heard by a judge because of the prison knew of the danger of the inmates who was house in that area. Yes, I do agree with the court’s reasoning for developing this standard but I don’t think it is the prison system fault half of the time. Most prison systems does not have room to keep moving inmate, so they can segregation a group of sex, gender, ethics or cultures because they feel like they are afraid. Prison does not work like that, people are sent to prison because they were found guilty of committing a crime and prison is not supposed to be fun. The San Quentin prison honor Sherry request on the transfer because they did want to violate her right. The San Quentin prison placed Sherry in a general population where they thought she would be safe, so under 42 U.S. Code 1983 Civil action for deprivation of rights. (42 U.S. Code § 1983 - Civil action for deprivation of rights, 2017). I think the San Quentin prison system will be safe under 42 U.S. Code 1983. I feel like this wasn’t Sherry fault because all she wants to do is be placed in general population to be around other for the rest of her sentence. San Quentin prison system is not responsibility because they conduct their job well by placing Sherry in which they thought it was a safe environment and giving her medical treatment and returning her to segregation
Block “D” houses several sexual offenders and Sherry case will get heard by a judge because of the prison knew of the danger of the inmates who was house in that area. Yes, I do agree with the court’s reasoning for developing this standard but I don’t think it is the prison system fault half of the time. Most prison systems does not have room to keep moving inmate, so they can segregation a group of sex, gender, ethics or cultures because they feel like they are afraid. Prison does not work like that, people are sent to prison because they were found guilty of committing a crime and prison is not supposed to be fun. The San Quentin prison honor Sherry request on the transfer because they did want to violate her right. The San Quentin prison placed Sherry in a general population where they thought she would be safe, so under 42 U.S. Code 1983 Civil action for deprivation of rights. (42 U.S. Code § 1983 - Civil action for deprivation of rights, 2017). I think the San Quentin prison system will be safe under 42 U.S. Code 1983. I feel like this wasn’t Sherry fault because all she wants to do is be placed in general population to be around other for the rest of her sentence. San Quentin prison system is not responsibility because they conduct their job well by placing Sherry in which they thought it was a safe environment and giving her medical treatment and returning her to segregation