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FARMER – Appellant
Versus
BRENNAN, (1994) – Respondent


United States Supreme Court
FARMER v. BRENNAN, (1994)
No. 92-7247
Argued: January 12, 1994 Decided: June 6, 1994

Petitioner, a preoperative transsexual who projects feminine characteristics, has been incarcerated with other males in the federal prison system, sometimes in the general prison population, but more often in segregation. Petitioner claims to have been beaten and raped by another inmate after being transferred by respondent federal prison officials from a correctional institute to a penitentiary - typically a higher security facility with more troublesome prisoners - and placed in its general population. Filing an action under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, petitioner sought damages and an injunction barring future confinement in any penitentiary, and alleged that respondents had acted with "deliberate indifference" to petitioners safety in violation of the Eighth Amendment because they knew that the penitentiary had a violent environment and a history of inmate assaults and that petitioner would be particularly vulnerable to sexual attack. The District Court granted summary judgment to respondents, denying petitioners motion














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