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Criminal Law Keyed to Capers
Farmer v. Brennan
Citation:511 U.S. 825 (1994)
Petitioner, who is serving a federal sentence for credit card fraud, has been diagnosed by medical personnel of the Bureau of Prisons as a transsexual. For several years before being convicted and sentenced in 1986 at the age of 18, petitioner, who is biologically male, wore women’s clothing , underwent estrogen therapy, received silicone breast implants, and submitted to unsuccessful “black market” testicle-removal surgery. On March 9, 1989, petitioner was transferred for disciplinary reasons from the Federal Correctional Institute in Oxford, Wisconsin, to the United States Penitentiary in Terre Haute, Indiana. Petitioner voiced no objection to any prison official about the transfer. Within two weeks, petitioner was beaten and raped by another inmate in petitioner’s cell. Several days later, after petitioner claims to have reported the incident, officials returned petitioner to segregation to await, according to respondents, a hearing about petitioner’s HIV positive status. Acting without counsel, petitioner then filed a Bivens complaint, alleging a violation of the Eighth Amendment.
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