farmer
brennan
argued
january
decided
june
petitioner
preoperative
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projects
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prison
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claims
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prison
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six
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petitioner
motion
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rule
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procedure
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request
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page
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page
iii
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brennan
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souter
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helling
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seiter
estelle
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term
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dee
farmer
alleging
respondents
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prison
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eighth
amendment
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indifference
petitioner
safety
petitioner
serving
federal
sentence
credit
card
fraud
diagnosed
medical
personnel
bureau
prisons
transsexual
one
rare
psychiatric
disorder
person
feels
persistently
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anatomical
sex
typically
seeks
medical
treatment
including
hormonal
therapy
surgery
bring
permanent
sex
change
american
medical
association
encyclopedia
medicine
see
also
american
psychiatric
association
diagnostic
statistical
farmer
brennan
manual
mental
disorders
rev
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several
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convicted
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age
petitioner
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haas
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us
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projects
feminine
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practice
federal
prison
authorities
incarcerate
preoperative
transsexuals
prisoners
like
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sex
see
farmer
haas
supra
time
authorities
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farmer
carlson
md
march
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transferred
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federal
correctional
institute
oxford
wisconsin
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haute
indiana
haute
though
record
us
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prisons
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security
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troublesome
prisoners
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correctional
institutes
see
generally
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bureau
prisons
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farmer
brennan
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officials
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bivens
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bivens
six
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carlson
green
defendants
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named
respondents
warden
haute
director
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official
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case
manager
director
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placed
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transsexual
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inmates
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compensatory
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brennan
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hudson
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rison
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hall
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hall
american
law
institute
model
penal
code
comment
see
commonwealth
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wilson
seiter
rejected
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mcmillian
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farmer
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penal
code
supra
oral
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deputy
solicitor
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known
see
ante
prisoners
need
await
tragic
event
actua
assaul
obtaining
relief
ante
petitioner
transsexual
currently
serving
sentence
federal
prison
credit
card
fraud
although
biological
male
petitioner
undergone
treatment
silicone
breast
implants
unsuccessful
surgery
testicles
removed
despite
overtly
feminine
characteristics
previous
segregation
different
federal
prison
safety
concerns
see
farmer
carlson
md
prison
officials
penitentiary
terre
haute
indiana
housed
general
population
prison
less
two
weeks
later
petitioner
brutally
beaten
raped
another
inmate
petitioner
cell
homosexual
rape
violence
among
prison
inmates
serves
absolutely
penological
purpose
see
rhodes
chapman
citing
gregg
georgia
joint
opinion
eighth
amendment
prohibits
punishment
physical
mental
totally
without
penological
justification
brutality
equivalent
torture
offensive
modern
standard
human
dignity
bailey
blackmun
dissenting
horrors
experienced
many
young
inmates
particularly
like
petitioner
convicted
nonviolent
offenses
border
unimaginable
prison
rape
threatens
lives
fall
prey
aggressors
potentially
devastating
human
spirit
shame
depression
shattering
loss
accompany
perpetual
terror
victim
farmer
brennan
thereafter
must
endure
see
note
rape
prison
aids
challenge
eighth
amendment
framework
wilson
seiter
unable
fend
without
protection
prison
officials
victim
finds
mercy
larger
stronger
ruthless
inmates
although
formally
sentenced
term
incarceration
many
inmates
discover
punishment
even
nonviolent
offenses
like
credit
card
fraud
tax
evasion
degenerates
reign
terror
unmitigated
protection
supposedly
afforded
prison
officials
fact
prisons
badly
overcrowded
understaffed
may
well
explain
many
shortcomings
penal
systems
constitution
sets
minimal
standards
governing
administration
punishment
country
see
rhodes
thus
answer
complaints
brutalized
inmate
resources
unavailable
protect
reality
nothing
less
torture
stated
dissent
bailey
society
responsibility
protect
life
health
prisoners
hen
sheriff
marshall
sic
takes
man
courthouse
farmer
brennan
prison
van
transports
confinement
two
three
ten
years
act
tolled
bell
whether
like
made
collective
responsibility
free
something
emphasis
original
address
chief
justice
record
assn
bar
city
new
york
mar
analysis
fundamentally
misguided
indeed
defies
common
sense
punishment
necessarily
imply
culpable
state
mind
part
identifiable
punisher
prisoner
may
experience
punishment
suffers
severe
rough
disastrous
treatment
see
webster
third
new
international
dictionary
regardless
whether
state
actor
intended
cruel
treatment
chastise
deter
see
also
webster
new
international
dictionary
english
language
defining
punishment
ny
pain
suffering
loss
inflicted
farmer
brennan
suffered
person
crime
emphasis
supplied
cf
wilson
quoting
duckworth
franzen
cert
denied
infliction
punishment
deliberate
act
intended
chastise
deter
unduly
narrow
definition
punishment
blinds
reality
prison
life
consider
example
situation
one
individual
sentenced
period
confinement
relatively
safe
prison
complete
tennis
courts
cable
television
another
sentenced
prison
characterized
rampant
violence
terror
circumstances
natural
say
latter
individual
subjected
extreme
punishment
matters
little
sentencing
judge
specify
prison
individuals
sent
relevant
prison
officials
intend
either
individual
suffer
attack
conditions
confinement
whatever
reason
resulted
differing
punishment
two
convicts
wilson
myopic
focus
intentions
prison
officials
also
mistaken
legislature
refuses
fund
prison
adequately
resulting
barbaric
conditions
immune
constitutional
scrutiny
simply
prison
official
acted
culpably
wilson
failed
recognize
punishment
consists
much
specific
acts
attributable
individual
state
officials
cumulative
agglomeration
action
inaction
institutional
level
cases
harv
rev
responsibility
subminimal
conditions
prison
inevitably
diffuse
often
borne
least
part
legislature
yet
regardless
state
actor
institution
caused
harm
intent
experience
inmate
punishment
simply
less
farmer
brennan
cruel
unusual
harm
unintended
view
obvious
fact
reason
believe
adopting
eighth
amendment
framers
intended
prohibit
cruel
unusual
punishments
inflicted
intentionally
judge
noonan
observed
framers
familiar
wartime
experience
british
prisons
kind
cruel
punishment
administered
warden
mentality
captain
bligh
also
familiar
cruelty
came
bureaucratic
indifference
conditions
confinement
framers
understood
cruel
unusual
punishment
administered
failure
charge
give
heed
impact
actions
within
care
jordan
gardner
concurring
opinion
citations
omitted
emphasis
supplied
farmer
brennan
ii
though
believe
wilson
seiter
overruled
disagree
reliance
upon
case
defining
deliberate
indifference
standard
nonetheless
join
opinion
petitioner
never
challenged
holding
wilson
sought
reconsideration
theory
upon
decision
based
importantly
opinion
extend
wilson
beyond
boundaries
erect
new
obstacles
prison
inmates
overcome
seeking
remedy
cruel
unusual
conditions
confinement
specifically
recognizes
aving
incarcerated
people
demonstrated
proclivities
criminally
antisocial
many
cases
violent
conduct
stripped
virtually
every
means
foreclosed
access
outside
aid
government
officials
free
let
state
nature
take
course
ante
acknowledges
prison
rape
constitutionally
tolerable
see
ibid
eing
violently
farmer
brennan
assaulted
prison
simply
part
penalty
criminal
offenders
pay
offenses
society
clearly
prisoners
obtain
relief
victimized
see
ante
subjective
approach
deliberate
indifference
require
prisoner
seeking
remedy
unsafe
conditions
await
tragic
event
actua
assaul
obtaining
relief
finally
holding
prison
officials
may
held
liable
failure
remedy
risk
harm
obvious
substantial
prison
officials
must
known
see
ante
opinion
clear
message
prison
officials
must
fulfill
affirmative
duty
constitution
prevent
inmate
assault
including
prison
rape
otherwise
face
serious
risk
held
liable
damages
see
ante
required
rectify
hazardous
conditions
see
ante
much
possible
within
constraints
wilson
seiter
seeks
ensure
conditions
nation
prisons
fact
comport
contemporary
standard
decency
required
eighth
amendment
see
deshaney
winnebago
cty
dept
social
services
short
overruling
wilson
seiter
better
numerous
opinions
document
pervasive
violence
among
inmates
state
federal
prisons
see
bailey
blackmun
dissenting
mcgill
duckworth
cert
denied
redman
county
san
diego
en
banc
cert
denied
hassine
jeffes
alberti
klevenhagen
clarified
jones
diamond
overruled
grounds
withers
levine
cert
denied
little
walker
cert
denied
holt
sarver
later
proceeding
sub
nom
hutto
finney
farmer
brennan
justice
stevens
concurring
continue
believe
state
official
may
inflict
cruel
unusual
punishment
without
improper
subjective
motivation
see
estelle
gamble
dissenting
opinion
wilson
seiter
white
concurring
judgment
join
justice
souter
thoughtful
opinion
faithful
precedents
farmer
brennan
justice
thomas
concurring
judgment
prisons
necessarily
dangerous
places
house
society
antisocial
violent
people
close
proximity
one
another
regrettably
ome
level
brutality
sexual
aggression
among
prisoners
inevitable
matter
guards
unless
prisoners
locked
cells
hours
day
sedated
mcgill
duckworth
today
attempt
rectify
unfortunate
conditions
refines
national
code
prison
regulation
otherwise
known
cruel
unusual
punishments
clause
hudson
mcmillian
slip
thomas
dissenting
adhere
belief
expressed
hudson
helling
mckinney
thomas
dissenting
judges
juries
jailers
impose
punishment
slip
punishment
time
founding
present
day
always
meant
fine
penalty
confinement
inflicted
upon
person
authority
law
judgment
sentence
crime
offense
committed
slip
quoting
black
law
dictionary
ed
see
also
sheridan
general
dictionary
farmer
brennan
english
language
defining
punishment
ny
infliction
imposed
vengeance
crime
conditions
confinement
punishment
recognized
sense
term
unless
imposed
part
sentence
see
helling
supra
slip
thomas
dissenting
original
matter
therefore
case
easy
one
unfortunate
attack
befell
petitioner
part
sentence
constitute
punishment
eighth
amendment
approaching
case
however
write
clean
slate
beginning
estelle
gamble
prison
condition
jurisprudence
guided
text
constitution
rather
evolving
standards
decency
mark
progress
maturing
society
internal
quotation
marks
omitted
see
also
ante
helling
supra
hudson
supra
continue
doubt
legitimacy
mode
constitutional
decisionmaking
logical
result
context
transform
federal
judges
superintendents
prison
conditions
nationwide
see
helling
supra
slip
thomas
dissenting
although
estelle
loosed
eighth
amendment
historical
moorings
unwilling
accept
full
consequences
decision
therefore
resorts
subjective
state
mind
component
eighth
amendment
analysis
attempt
contain
might
otherwise
unbounded
liability
prison
officials
cruel
unusual
punishments
clause
cf
mcgill
supra
although
disagree
constitutional
predicate
analysis
share
view
petitioner
theory
liability
prison
official
held
liable
risks
prisoner
safety
ignorant
known
fails
even
straightforward
application
estelle
helling
farmer
brennan
supra
slip
thomas
dissenting
adopting
deliberate
indifference
standard
challenges
prison
conditions
estelle
held
mere
inadverten
ce
negligen
ce
violate
eighth
amendment
outset
thus
specified
eighth
amendment
apply
every
deprivation
even
every
unnecessary
deprivation
suffered
prisoner
narrow
class
deprivations
involving
serious
injury
inflicted
prison
officials
acting
culpable
state
mind
hudson
supra
slip
thomas
dissenting
reiterated
understanding
wilson
seiter
holding
mere
negligence
constitute
deliberate
indifference
estelle
see
also
whitley
albers
petitioner
suggested
known
standard
nothing
negligence
standard
discussion
implicitly
assumes
ante
thus
even
estelle
petitioner
theory
liability
necessarily
fails
question
remains
however
state
mind
sufficient
constitute
deliberate
indifference
estelle
given
serious
doubts
concerning
correctness
estelle
extending
eighth
amendment
cover
challenges
conditions
confinement
believe
scope
estelle
right
confined
narrowly
possible
cf
helling
supra
slip
thomas
dissenting
wilson
already
held
highest
subjective
standard
known
eighth
amendment
jurisprudence
maliciou
sadisti
action
purpose
causing
harm
whitley
supra
internal
quotation
marks
omitted
apply
prison
conditions
cases
wilson
supra
today
adopts
next
highest
level
subjective
intent
actual
knowledge
type
sufficient
constitute
recklessness
criminal
law
ante
noting
farmer
brennan
due
regard
appropriate
prison
officials
unenviable
task
keeping
dangerous
men
safe
custody
humane
conditions
ante
quoting
spain
procunier
kennedy
even
though
takes
step
right
direction
adopting
restrictive
definition
deliberate
indifference
join
opinion
reasons
expressed
fully
dissenting
opinions
hudson
helling
remain
unwilling
subscribe
view
adopted
ipse
dixit
estelle
eighth
amendment
regulates
prison
conditions
imposed
part
sentence
indeed
ere
issue
squarely
presented
might
vote
overrule
estelle
helling
supra
slip
thomas
dissenting
nonetheless
issue
squarely
presented
case
respondents
asked
us
revisit
estelle
one
briefed
argued
question
addition
prudential
concerns
stare
decisis
counsels
hesitation
overruling
dubious
precedents
see
ibid
reasons
concur
judgment
however
remain
farmer
brennan
hopeful
proper
case
reconsider
estelle
light
constitutional
text
history
facts
case
demonstrate
difficult
task
petitioner
taken
general
prison
population
security
reasons
asserted
id
need
extra
security
precautions
filed
suit
alleging
placing
solitary
confinement
unconstitutional
see
farmer
carlson
md
petitioner
present
claim
oddly
enough
essentially
leaving
general
prison
population
unconstitutional
subjected
risk
sexual
assault
read
remand
portion
opinion
intimate
courts
reached
wrong
result
especially
seventh
circuit
long
followed
rule
law
lays
today
see
mcgill
duckworth
duckworth
franzen
rather
regard
cautionary
measure
undertaken
merely
give
appeals
opportunity
decide
first
farmer
brennan
instance
whether
district
erroneously
gave
dispositive
weight
petitioner
failure
complain
prison
officials
believed
risk
sexual
assault
general
prison
population
ante
remand
seventh
circuit
concludes
district
nothing
opinion
precludes
seventh
circuit
summarily
affirming
entry
summary
judgment
respondents
favor
page