Re:The Caging of America
by gwern on Monday March 12, 2012 @12:02AM
(#3692284)
'Sovereign immunity' (states are liable only for what they choose to allow themselves to be liable for), waivers for private prisoners, and probably some sort of 'reasonable precaution' clause in liability legislation would be where I would start looking for the reason why not.
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Re:The Caging of America
by InclinedPlane on Monday March 12, 2012 @04:27AM
(#3692719)
I would file on civil rights grounds, that incarceration where rape is known to be highly likely amounts to cruel and unusual punishment.
Re:The Caging of America
by icebraining on Monday March 12, 2012 @06:39AM
(#3692954)
If life in prison for a first-time nonviolent drug offense was not considered cruel and unusual, what luck would you have?
However, that would fall into the trap mentioned in the article: that it's not unusual.
Rape is an unusual form of punishment in that the courts never ask for it to be applied.
Re:The Caging of America
by InclinedPlane on Monday March 12, 2012 @05:20AM
(#3692802)
Unusual doesn't mean "uncommon" in the context of the constitution.