VOL. I · NO. 8608FRIDAY, SEPTEMBER 25, 20265¢
The Daily Buffoon
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COURTS ✒ EDITORIAL ABSURDITY:

Women inmates make small gain in fight over prison conditions

Filed 1h ago · Via Courthouse News · The Buffoon Desk
THIS STORY IS SCORED
Hamster March
Kevin MacLeod · incompetech.com · CC BY 4.0
Photo: via Wikimedia Commons · CC BY-SA 3.0 · via Wikimedia Commons

Nine women held at San Francisco's only women's jail sued the city, county and sheriff's office over conditions they describe as lacking exercise, serving food on trays with soap residue, and requiring sleep near overflowing toilets. U.S. District Judge Charles Breyer dismissed most of the claims but let two survive: inadequate sunlight and discriminatory treatment compared to men in the jail system.

Breyer found the sunlight deprivation claim plausible because the plaintiffs allege it has caused memory loss, insomnia and migraines, and because there's no obvious non-punitive reason to withhold it from pretrial detainees. He also allowed the disparate-treatment claim to proceed, noting men can be transferred to other facilities while the women cannot, leaving them stuck with the conditions regardless of severity.

The medical care, food and plumbing claims were all dismissed for lack of specificity, including one where plaintiffs failed to name the private food contractor as a defendant. The judge also dismissed claims under the Eighth Amendment, since it doesn't apply to pretrial detainees, and rejected municipal liability for want of a named policy.

The full dispatch is available from the source below.

✒ FROM THE EDITORIAL DESK
Getting to keep two claims out of a long list sounds like a loss dressed up as a win, and in some ways it is. But it's worth sitting with what had to be alleged just to clear the bar: no direct sunlight, no way to leave, and a judge concluding there's no good reason for either. That's a low bar to clear and the jail still barely cleared it.
Source: Read the original at Courthouse News → Scored: Hamster March · Kevin MacLeod · CC BY 4.0
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