MetNews.com – By Steven M. Ellis, Staff Writer
A formerly incarcerated male-to-female transgendered person can proceed with a negligence action alleging state prison officials failed to act on complaints that she was repeatedly beaten and raped by cellmates, the First District Court of Appeal ruled Friday.
Reversing a trial court’s order sustaining the California Department of Corrections and Rehabilitation’s demurrer to the action by former Folsom State Prison inmate Alexis Giraldo, Div. Two held that jailers have a special relationship with prisoners giving rise to a duty of care to protect them from foreseeable harm inflicted by a third party.