Prison Law Blog

Sara Mayeux

Posts Tagged ‘robert scott

House Holds Hearings on Prison Sexual Abuse

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And if the statistics in the BJS reports are not enough, I ask you to consider one of these children, who have been beaten, assaulted and raped with no recourse or power to stop it, what if that child was the child’s picture you carry in your pocketbook or wallet? … Perhaps then we would not continue to hold hearings, create another commission or issue more reports.

— Grace Bauer, prepared testimony for House Subcommittee on Crime, Terrorism, and Homeland Security, Feb. 23, 2010.

Last month, the Bureau of Justice Statistics issued a troubling report showing that 12% of youth held in juvenile detention facilities report being the victim of sexual abuse, whether by other youth or staff. (New York Times columnist Ross Douthat covered this issue last week; the New York Review of Books published a lengthy discussion of the report here, and Public Criminology crunched the numbers here.) As I’ve blogged about before, the Prison Litigation Reform Act of 1995 exacerbates the problem by making it very hard for juveniles who’ve been abused to seek judicial relief. The Prison Abuse Remedies Act (H.R. 4335), sponsored by Rep. Bobby Scott (D-VA) and supported by the ACLU, would remove the PLRA’s procedural hurdles for juveniles under 18.

Yesterday, the House Subcommittee on Crime, Terrorism, and Homeland Security held hearings on preventing sexual assault in juvenile and adult prisons. The witness list included American University law professor Brenda Smith; Troy Erik Isaac, who was raped while in juvenile custody in California (NPR interviewed him here); Bernard Warner, head of California’s juvenile justice system; Sheriff Gabriel Morgan of Newport News, Va.; and Grace Bauer, whose son was adjudicated delinquent and who works with the Campaign for Youth Justice. After the jump I’ll provide some highlights from their prepared testimony.

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The Myth of the Frivolous Prisoner Lawsuit

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I recently came across this op-ed in the Milwaukee Journal-Sentinel, making light of prisoner abuse claims. “If there is a goofy lost cause, a prisoner has found it,” goes the headline, and from there, columnist Mike Nichols goes on to ridicule a series of prisoner lawsuits filed in recent years in his home state of Wisconsin. (The op-ed starts out by lampooning the Seventh Circuit’s recent decision upholding a prison ban on the role-playing game Dungeons & Dragons.)

It would be nice to think that Mike Nichols is right — that the real problem with America’s prisons is that prisoners just have too much time on their hands, and too much access to the courts, and so they wile away their days dreaming up frivolous lawsuits — but in reality, prisoners are less litigious than the general public, and more importantly, the Prison Litigation Reform Act of 1995 has had the effect of making it very, very difficult for prisoners who have been raped, assaulted, or otherwise abused behind bars to seek judicial relief. As noted in a recent New York Times op-ed:

Prisons across the country have used [the PLRA] to dismiss suits challenging all kinds of outrageous treatment: strip-searching of female prisoners by male guards; revealing to other inmates that a prisoner was H.I.V.-positive; forcing an inmate to stand naked for 10 hours.

Legislation introduced in December 2009 by Rep. Robert Scott (D-VA) would remove some of the PLRA’s more onerous requirements so that inmates who’ve been raped, abused, or assaulted behind bars — especially those under 18, who have perhaps suffered most under the PLRA — have a better chance of getting their day in court. The bill has the support of a broad coalition of lawyers and organizations (including the American Bar Association and the United Methodist Church).

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