Delores has been incarcerated for two years in a federal prison for assaulting a federal marshal. During this time, she feels that she has been sexually harassed by the male correctional guards, who keep whistling at her. However, her biggest complaints are that her toilet keeps overflowing, and there is a strange odor coming from the cell next to her. She believes a rat or mouse may have gotten caught in some pipes in the wall because she has seen rats on the floor from time to time. She has voiced her concerns to the correctional officers, but she doesn't believe any action is being taken. Whenever she asks to go to the clinic because her stomach is constantly upset from the odors, she is told to learn to live with it. Although she believes she has some constitutional rights, the

Question

correctional officers keep telling her that she has lost her rights. They also tell her that she is going to have to learn to put up with this for the remainder of her 8-year sentence. Is there anything she can do, or does she have to just accept her fate?

What will be an ideal response?

Answer 1

Answers will vary, but students should address Delores' Eighth Amendment rights of medical care; acceptable living conditions, including adequate plumbing, sanitary conditions, and a rodent-free environment. Students should address the sexual victimization by male staff members. Although "whistling" may not constitute a physical assault, the conduct is less than professional and may be considered harassment. Students should also address that Delores is entitled to challenge the conditions of her confinement and has a right to legal counsel, and if need be, she may use a jailhouse lawyer. Finally, students should discuss the rights she is entitled to and those she is not, if she receives a hearing.