As we have observed throughout the course, inmates frequently bring civil suits against prison officials under § 1983 alleging violations of their civil rights under the constitution. The U.S. Supreme Court developed the deliberate indifference test as a standard for determining whether or not the prison has violated the prisoner’s civil rights. Using this standard and the other concepts explored in the course, consider the following:
“Sherry” was recently transferred to San Quentin prison in California from Corcoran after she was deemed too difficult to handle by prison officials. Sherry is a biological male but she prefers to live as a woman, despite the challenges her decision creates for her in a prison environment. After initial intake at San Quentin, a medical doctor advised that Sherry be housed in segregation for her own safety. This upset Sherry because she did not want to live the next 25 years (the length of her sentence) alone. After several requests to be released to the general population, prison officials acquiesced and reassigned her to “D” block, where several sexual offenders are housed. Within four days, Sherry was brutally raped and beaten. She was medically treated and sent back to segregation for the remainder of her sentence.
Refer to the deliberate indifference and failure to protect standard, as well as the court’s analysis in Farmer v. Brennan (1994) and respond to the following:
What is the standard Sherry must meet in a § 1983 claim in this case?
Compare Sherry’s case with the facts in Farmer v. Brennan. Using the court’s reasoning, do you think Sherry will prevail? Why or why not?
Do you agree with the court’s reasoning in developing this standard? Why or why not?
What was Sherry’s responsibility in this scenario? The prison’s responsibility? Discuss fully.
igeria for the past decade has had very high economic growth, clocking at an average of 7.4%, this has been achieved via the thriving telecommunications, tourism, construction and manufacturing sectors. Economic growth was projected to be 6.9% in 2013 which was roughly two years after Africapitalism was adopted. In 2014 inflation rates were relatively high in between 7%-8.6%, however that same year the government of Nigeria implemented monetary policies that helped lower the average price level. In the year 2013, the government of Nigeria implemented contractionary monetary policies such as limiting the supply of money in the market and increasing interest rates, the government felt inflation rates were too high and also needed to lessen aggregate demand which were the main objectives of the government that financial year. In 2015, inflation was expected to plateau at 8.4%. Although economic growth has blossomed, poverty and unemployment still loom – the unemployment rate was at a staggering 23.9% in 2013 with roughly two thirds of the Nigerian population living under one dollar per day. The government has since promised that they will create jobs for the youth, which has not been going well so far. Figure 4: Shows Nigeria’s GDP growth trend Source: http://www.tradingeconomics.com/nigeria/gdp-growth-annual As already alluded to earlier in our discussion, Nigeria’s main challenges are infrastructure, little economic freedom, corruption and overdependence on the oil and gas sector. These problems are prioritised by the Nigerian government which urges the private sector to get involved in developing infrastructure to help build the non oil sector. Diversification from the oil and gas sector is therefore, very key to the government. According to the African Development Bank (ADB), Nigeria and fellow African nations have undergone changes in public financial management in order to efficiently allocate resources. However this is not easily achieved as another problem that Nigeria suffers from is high levels of corruption. The Nigerian government tries to address this issue by creating economic crime organisations. The country has lived up to its promise of trying to reach its four main Millennium Development Goals and these are, achieving primary education for all, promoting gender equality, reducing extreme poverty and hunger and lowering child mortality rates. As a result of slowed oil production and a battered global economy, Nigeria’s GDP has not grown at heights that are expected of it, with the nation dropping from 6.63% to 5.89% growth rate in 2014-15. Agriculture is a big player in Nigeria’s economy accounting for roughly 40% of the country’s GDP. With low tax rates, oil and gas account for about 80% of tax received and about 25% of the country’s GDP. Whilst all other sectors only accounting for 20% of tax and 65% of GDP. Such over reliance on the oil and gas sector makes it difficult to plan and grow due to fluctuating oil prices. Hence, Nigeria is currently trying to diversify their economy to help relieve the strain that the oil and gas sector has >GET ANSWER