Hughes v. Farris

Dist. Ct. erred in dismissing plaintiff-civilly-committed prisoner’s section 1983 action against defendants (employees of facility housing plaintiff) alleging that defendants abused him on account of his homosexuality by uttering homophobic slurs and encouraging other inmates to sexually abuse plaintiff and retaliated against plaintiff for complaining about said mistreatment by suspending him from his vocational training program. While Dist. Ct. found that plaintiff failed to state viable due process claim because prisoners do not have protectable interest in prison jobs, Ct. of Appeals found that plaintiff stated viable 8^th Amendment claim, where instant alleged verbal abuse had increased potential for plaintiff becoming victim of sexual assaults. Moreover, plaintiff’s allegations of retaliation for complaining about abuse adequately supported his First Amendment claim, and plaintiff’s suspension from vocational program could be viewed as substantial departure from accepted professional treatment.