Jury Rules Against Gay Convict in Rape Case
A jury has ruled against Roderick Johnson in his lawsuit against 6 Texas Department of Criminal Justice officials for not intervening to protect him after repeated rapes in a Texas prison. Background on the case is here.
A gay, black man, Johnson reportedly was raped by more than one hundred men--nearly every day for 18 months.
It was a legal struggle for Johnson to even get his case to Court. Ultimately, the ACLU was able to persuade the 5th Circuit Court of Appeals that he had a right to bring it. The court ruled:
"We conclude that Johnson's grievances were sufficient to give prison officials fair notice that there might have been a sexual orientation-related aspect to Johnson's problem," the judges wrote in the ruling. Judges, citing a 1994 Supreme Court decision that officials have a duty to protect inmates from violent prisoners, also ruled that the case can proceed under the Eighth Amendment's protection against cruel and unusual punishment.
So what was the jury thinking? Here's a clue from today's AP article:
The defendants and other prison employees testified that they could not substantiate Johnson's half a dozen or so rape claims because he changed his stories or there was no medical evidence. They said Johnson usually seemed upbeat in prison, wearing tight pants and flirting with a corrections officer.
So he asked to be a sex slave?
Five current prisoners testified, including one who said inmates had sex with Johnson and paid the prison gang that owned him with commissary items worth $3 to $7.
Unfortunately, this verdict will result in fewer inmates being willing to bring rape lawsuits. Aside from being a shame for Johnson, it's a slap in the face to all violated inmates.
Update: The jurors explain their verdict.
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