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Litigating Prison Abuse: Addressing Assault Cases Behind Bars

By: Marni S. Berger, Anapol Weiss Partner

The Reality of Prison Abuse Beyond Inmate Violence

While prisons are commonly portrayed in the mainstream media and Hollywood as hotspots for inmate-on-inmate sexual and physical abuse, prison staff are also responsible for abusing inmates. A December 2022 bipartisan U.S. Senate report documented the sexual abuse of female inmates in federal prisons and the disproportionate number of sexual assaults female inmates face in comparison to their male counterparts.

The report found that female inmates were abused in two-thirds of federal prisons over the past decade. This, of course, is just a snapshot of the prevalence of the systemic issue. These numbers are likely even higher because they don’t account for the very real fear of retaliation inmates experience, which causes them not to speak out, or the equally real concern that they will not be believed if the abuse is disclosed.

A Client’s Story of Resilience and Advocacy

Over the past few years, I learned a lot about this very troubling reality from one courageous former inmate of the state prison system who I had the privilege of representing. She entered the facility under extremely unfortunate circumstances related to a drug dependency she developed as a coping mechanism for dealing with a sick child. She entered the facility determined to overcome these obstacles but was met with unrelenting sexual and verbal assaults from a corrections officer. Even with the Prison Rape Elimination Act (PREA), the facility did not prevent, detect, or stop the ongoing abuse for months on end. All the while, this client was threatened that she would be sent to solitary confinement if she reported the conduct and lived in great fear that her connection to this officer would prolong her prison stay.

Using Litigation to Drive Systemic Change

Ultimately, she bravely came forward with the goal of helping other inmates avoid the same type of abuse. We channeled that goal throughout the litigation in highlighting the flawed security measures in the prison system and ways that training and monitoring of staff could be improved.

A Landmark Settlement and Support for Future Success

In addition to reaching an unprecedented confidential settlement for the client following her release, our team at Anapol Weiss ensured this client was connected with professional support services and watched her maintain a steady job. Advocating for the vulnerable is the driving force behind all we do. There is no greater reward in the profession than watching your client take a tragedy they have faced and use it to protect others.

Marni S. BegerMarni S. Beger

ABOUT THE AUTHOR

Marni S. Berger, Anapol Weiss Partner

Marni S. Berger, a partner at Anapol Weiss, specializes in representing victims of abuse, medical negligence, and insurance disputes. Her work is marked by a deep understanding of the intricacies of each case and a dedicated pursuit of justice for her clients, particularly in sensitive abuse cases.