U.S. Appeals Court: OFFICER ON PRISONER ASSAULT.Schwenk v. Hartford, 204 F.3d 1187 (9th Cir. 2000). A prisoner who was a pre-operative male to female transsexual trans·sex·u·al n. A person who strongly identifies with the opposite gender and who chooses to live as a member of the opposite gender or to become one by surgery. adj. 1. Of or relating to such a person. 2. sued a state prison officer and other prison officials under [sections] 1983 and the Gender Motivated Violence Act (GMVA GMVA Greater Manchester Volleyball Association (UK) GMVA Greenwich Millenium Village Association (UK) ) alleging attempted rape by the officer. The district court denied the officer's motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers and the appeals court affirmed in part and reversed in part. The appeals court held that GMVA applies with equal force to men and women and its protection extends to transsexuals. The appeals court found that evidence supported a finding of a gender-motivated attack but that the officer was entitled to qualified immunity because the law regarding gender motivation was not clearly established at the time of the assault. (Washington State Penitentiary The Washington State Penitentiary is located at Walla Walla, Washington. It is the largest prison in the state, with an operating capacity of 1,825. It is the site of Washington State's Death Row and where executions are carried out. It is currently located at 1313 N. in Walla Walla) |
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