Johnson v. Johnson.

• Position: FAILURE TO PROTECT - Brief Article

U.S. Appeals Court

PRISONER ON PRISONER ASSAULT

SEXUAL ASSAULT

Johnson v. Johnson, 385 F.3d 503 (5th Cir. 2004). A black homosexual former state prisoner brought a [section] 1983 action against prison officials, alleging that their failure to protect him from repeated sexual assaults over an 18-month period violated his Eighth Amendment and equal protection rights. The district court denied the defendants' motions and they appealed. The appeals court affirmed in part, reversed in part and remanded. The court held that the prisoner's complaint adequately stated a claim for sexual-orientation discrimination, and that the...