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Rape Suit Dismissal Summarily Affirmed
A male to female transsexual prisoner who was raped at a federal facility
filed suit in U.S. District Court in Wisconsin alleging prison officials
were deliberately indifferent to her right to be free from attack. The
District Court dismissed the suit. The Seventh Circuit Court of Appeals,
in an extremely brief ruling, summarily affirmed the dismissal and refused
to allow the prisoner to proceed on appeal in forma pauperis or to allow
briefing.
The Supreme Court granted review and reversed and remanded the case. See:
Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2 811 (1994).
Ultimately the case went to trial and the plaintiff lost. See: Farmer v.
Brennan, 11 F.3d 668 (7th Cir. 1993).
filed suit in U.S. District Court in Wisconsin alleging prison officials
were deliberately indifferent to her right to be free from attack. The
District Court dismissed the suit. The Seventh Circuit Court of Appeals,
in an extremely brief ruling, summarily affirmed the dismissal and refused
to allow the prisoner to proceed on appeal in forma pauperis or to allow
briefing.
The Supreme Court granted review and reversed and remanded the case. See:
Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2 811 (1994).
Ultimately the case went to trial and the plaintiff lost. See: Farmer v.
Brennan, 11 F.3d 668 (7th Cir. 1993).
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Related legal case
Farmer v. Brennan
| Year | 1993 |
|---|---|
| Cite | 11 F.3d 668 (7th Cir. 1993). |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
Farmer v. Brennan, 11 F.3d 668 (7th Cir. 08/07/1992)
[1] UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
[2] No. 92-1772
[3] 11 F.3d 668
[4] decided: August 7, 1992.
[5] DEE FARMER, PLAINTIFF-APPELLANT,
v.
EDWARD BRENNAN, DENNIS KURZYDLO, LARRY E. DUBOIS, ET. AL., DEFENDANTS-APPELLEES.
[6] Appeal from the United States District Court for the Western District of Wisconsin. No. 91 C 716. John C. Shabaz, Judge.
[7] For DEE FARMER, Plaintiff - Appellant: Dee Farmer, FEDERAL CORRECTIONAL INSTITUTION, Littleton, CO.
[8] For EDWARD J. BRENNAN, Defendant - Appellee: John B. Van Hollen, OFFICE OF THE UNITED STATES ATTORNEY, Madison, WI.
[9] Before Hon. John L. Coffey, Circuit Judge, Hon. Joel M. Flaum, Circuit Judge, Hon. Kenneth F. Ripple, Circuit Judge
[10] This matter comes before the court for its consideration upon the request for the following documents:
[11] 1. PETITION FOR LEAVE TO FILE AND TO PROCEED ON APPEAL IN FORMA PAUPERIS" filed herein on 5/28/92, by the appellant.
[12] 2. "MOTION TO CONSOLIDATE CASES" filed herein on 7/17/92, by the appellant.
[13] This court has carefully reviewed the final order of the district court, the record on appeal and the appellant's motion. Based on this review, the court has determined that any issues which could be raised are insubstantial and the filing of briefs would not be helpful to the court's consideration of the issues. See Mather v. Village of Mundelein,869 F.2d 356, 357 (7th Cir. 1989) (per curiam) (court can decide case on motions papers and record where briefing would be a waste of time and no member of the panel desires briefing or argument). Accordingly,
[14] IT IS ORDERED that the appellant's motion for leave to proceed on appeal in forma pauperis is DENIED and the district court is summarily AFFIRMED.
[15] IT IS FURTHER ORDERED that the motion to consolidate cases is DENIED AS MOOT.
[1] UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
[2] No. 92-1772
[3] 11 F.3d 668
[4] decided: August 7, 1992.
[5] DEE FARMER, PLAINTIFF-APPELLANT,
v.
EDWARD BRENNAN, DENNIS KURZYDLO, LARRY E. DUBOIS, ET. AL., DEFENDANTS-APPELLEES.
[6] Appeal from the United States District Court for the Western District of Wisconsin. No. 91 C 716. John C. Shabaz, Judge.
[7] For DEE FARMER, Plaintiff - Appellant: Dee Farmer, FEDERAL CORRECTIONAL INSTITUTION, Littleton, CO.
[8] For EDWARD J. BRENNAN, Defendant - Appellee: John B. Van Hollen, OFFICE OF THE UNITED STATES ATTORNEY, Madison, WI.
[9] Before Hon. John L. Coffey, Circuit Judge, Hon. Joel M. Flaum, Circuit Judge, Hon. Kenneth F. Ripple, Circuit Judge
[10] This matter comes before the court for its consideration upon the request for the following documents:
[11] 1. PETITION FOR LEAVE TO FILE AND TO PROCEED ON APPEAL IN FORMA PAUPERIS" filed herein on 5/28/92, by the appellant.
[12] 2. "MOTION TO CONSOLIDATE CASES" filed herein on 7/17/92, by the appellant.
[13] This court has carefully reviewed the final order of the district court, the record on appeal and the appellant's motion. Based on this review, the court has determined that any issues which could be raised are insubstantial and the filing of briefs would not be helpful to the court's consideration of the issues. See Mather v. Village of Mundelein,869 F.2d 356, 357 (7th Cir. 1989) (per curiam) (court can decide case on motions papers and record where briefing would be a waste of time and no member of the panel desires briefing or argument). Accordingly,
[14] IT IS ORDERED that the appellant's motion for leave to proceed on appeal in forma pauperis is DENIED and the district court is summarily AFFIRMED.
[15] IT IS FURTHER ORDERED that the motion to consolidate cases is DENIED AS MOOT.