A Case of Negligence in the State Prison System FACTS Pat Smith was sentenced to prison for ten years for robbing a liquor store. Doctors have diagnosed Smith as a transsexual, meaning he feels uncomfortable in his own anatomical sex. He has sought sex-change surgery several times. For several years before being sentenced, Smith, who is biologically male, wore women's clothing, and paid for various sex-change operations. While in prison, he dressed in a “feminine” manner, as much as is possible, and took on outwardly stereotypical female characteristics. The practice of State prison authorities is to incarcerate transsexuals with prisoners of the same biological sex. Smith was housed in several different units, including segregation and...The end:
.....Similarly, the prison would argue, Smith does not have a right, as a biological male, to be housed with female inmates, or to be separated from all prisoners, based solely on his sexual orientation. This is especially in light of the fact that there was no specific warning or threat against Smith, and even if there was, prison guards do not have to believe every threat that an inmate reports. The most likely outcome in the present case will rest on whether a Jury believes that prison officials were deliberately indifferent to Smith when they placed him in the general population. If they believe that he only faced a generic, generalized risk of attack from other inmates, then the prison did not breach its duty and Smith will not have a case.