Prison civil liability for inmate-against-inmate assault and breakdown discorganization theory

This article assesses civil liability against prison officials brought under Title 42, United States Code, Section 1983 for inmate-against-inmate assault resulting from the incarceration of violent offenders. After a discussion of Farmer v. Brennan (114 S. Ct. 1970, 1994), the Supreme Court's case on inmate-against-inmate assault, the article focuses an thirty-five pre-Farmer cases to identify the situations and circumstances most likely to result in civil liability against prison officials in post-Farmer litigation. The analysis is divided into four types of crises that invoke possible liability: (a) failure to implement classification decisions and segregate vulnerable inmates from aggressors, (b) failure to provide protection promised to a specific inmate, (c) failure to provide protection to an inmate on an enemy hit list, and (d) failure to enforce court orders and consent decrees mandating protection for vulnerable inmates. The article concludes that comprehensive breakdowns in prison management lead to disorganization that fosters an environment in which inmate-against-inmate assaults flourish.