Farmer v. Brennan

In Farmer v. Brennan, 511 U.S. 825 (1994), the U.S. Supreme Court recognized that failing to prevent sexual violence in detention can amount to a violation of the Eighth Amendment prohibition of cruel and unusual punishment. In that case, Dee Farmer, a transgender woman who was housed in a men’s prison, had been beaten and raped in her cell by another inmate. She sued the government for placing her in a clearly dangerous situation. The court recognized that, under the Eighth Amendment, corrections officials have a duty to provide humane conditions, which includes protection against abuse by other prisoners. Writing for the Court, Justice Souter noted that "[b]eing violently assaulted in prison is simply 'not part of the penalty that criminal offenders pay for their offenses against society.'"

In addition to establishing that prisoner rape could be a constitutional violation, the Court also developed the standard for determining when such a violation occurs. The Court determined that, to be held liable under the Eighth Amendment, a corrections official must act with "deliberate indifference" to an inmate's health or safety. Deliberate indifference, the Court explained, requires meeting a two-part test: the injury must be "objectively and sufficiently serious," and the prison official must have a "sufficient culpable state of mind." In other words, not only must there be a serious harm, but the official must have known or should have known about the risk of harm.

Unfortunately, the 'known or should have known’ requirement has allowed officials to avoid responsibility by claiming ignorance to the dangers of sexual abuse behind bars. By educating officials and advocating for improved policies, JDI works to lessen the extent to which ignorance is a viable defense.