The CA AG makes this remark while the State is defending itself in this suit:
Comment from a poster on Free Republic -
For the record here is what Lockyer has done. From the 4/15 San Francisco Chronicle.
Eddie Dillard, a prisoner at California's Corcoran State Prison, knew what was in store the instant he heard who his new cellmate was to be: Wayne Robertson, a 230-pound sexual predator.
Two years earlier, the men had fought after Dillard rejected Robertson's sexual advances. And Dillard, a 120-pound inmate serving time for assault, had been worried enough about future encounters to put Robertson's name on a list of known enemies with whom he should not share a cell.
But on March 5, 1993, Dillard was moved into Robertson's cell. The next day, Dillard was raped. Robertson, who is serving life without parole for murder, testified that he sodomized Dillard "all night long."
And the legal standards for prisons' liability create a perverse incentive for guards to ignore the problem. Generally, prison officials can only be held liable for an assault if they had actual knowledge of a substantial risk to a prisoner and ignored it. The Dillard case -- first in criminal court and now in civil court -- is one of the few to come to public attention. Dillard's court papers charge that prison guards set up the rape, transferring him into the cell of Robertson, known as "The Booty Bandit," to punish him for kicking another guard. [end]
Now you tell me that Lockyer's comments will not be used against the state in this and future actions against the Department of Corrections. |
