Arizona claims teacher working in prison assumed risk of rape: What You Get With State AG’s That Are BOTH Lawyers + Politicians

Arizona claims teacher working in prison assumed risk of rape

“The Arizona Attorney General’s Office is asking for dismissal of a lawsuit filed by a teacher who was brutally assaulted and raped after being left in an unguarded prison classroom with a convicted sex offender. The AG’s reasoning is essentially this: the woman knew she was in a prison, so what did she expect? …

“The woman, who works for DOC as a teacher, was scheduled to give a GED exam to seven sex offenders housed at the Arizona State Prison Complex-Eyman on Jan. 20, 2014. … Normally, such tests are given in the visitation room, which is monitored by security cameras and corrections officers. But on that day, because of a special event, she was sent to an unmonitored classroom, handed a radio and told to use it if there was any trouble, her lawsuit says. …

“The teacher told investigators she screamed for help, but no one came. After the attack, Harvey tried to use her radio to call for help but it was tuned to a channel the guards didn’t even use.”

Comment: A personal injury lawsuit normally is based on negligence, which involves a violation of a duty of care owed by a defendant to a plaintiff. There is a doctrine in tort law known as “assumption of risk.” Essentially, if you knowingly engage in a dangerous activity, it’s your own fault if you get hurt and therefore the defendant isn’t liable for your injuries.

The state’s argument in this case is that prisons are dangerous places, and the teacher assumed the risk of being raped by working there. This overlooks the fact that other prison staff put the teacher at exceptional risk by abrogating the precautions normally taken to protect her from the inmates. There’s also what lawyers call a “policy issue” here; that is, the court shouldn’t accept the state’s argument because requiring individuals to assume all the risks of working in prisons would discourage people from accepting such employment and make it impossible for the state’s prison system to hire teachers and other workers.

Instead of fightingharvey this lawsuit, the state attorney general’s office should try to negotiate a reasonable settlement with her.

Photo: Convicted rapist Jacob Harvey allegedly assaulted, stabbed, choked, and raped a female teacher after taking a GED test. I suspect these charges, if proven, may delay his graduation.

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About jimcraven10

About jimcraven10 1. Citizenship: Blackfoot, U.S. and Canadian; 2. Position: tenured Professor of Economics and Geography; Dept. Head, Economics; 3. Teaching, Consulting and Research experience: approx 40 + years all levels high school to post-doctoral U.S. Canada, Europe, China, India, Puerto Rico and parts of E. Asia; 4. Work past and present: U.S. Army 1963-66; Member: Veterans for Peace; former VVAW; Veterans for 9-11 Truth; Scholars for 9-11 Truth; Pilots for 9-11 Truth; World Association for Political Economy; Editorial Board International Critical Thought; 4.. U.S. Commercial-Instrument Pilot ; FAA Licensed Ground Instructor (Basic, Advanced, Instrument and Simulators); 5. Research Areas and Publications: International law (on genocide, rights of nations, war and war crimes); Imperialism (nature, history, logic, trajectories, mechanisms and effects); Economic Geography (time and space modeling in political economy; globalization--logic and effects; Political Economy and Geography of Imperialism); Indigenous versus non-Indigenous Law; Political Economy of Socialism and Socialist Construction; 6. Member, Editorial Board, "International Critical Thought" published by the Chinese Academy of Social Sciences; International Advisory Board and Columnist 4th Media Group, http://www.4thMedia.org (Beijing); 7. Other Websites publications at http://www.aradicalblackfoot.blogspot.com; wwwthesixthestate.blogspot.com;https://jimcraven10.wordpress.com; 8.Biography available in: Marquis Who’s Who: in the World (16th-18th; 20th; 22nd -31st (2014) Editions); Who’s Who in America (51st-61st;63rd-68th(2014) Editions); Who’s Who in the West (24th- 27th Editions);Who’s Who in Science and Engineering (3rd to 6th, 8th, 11th (2011-2012) Editions); Who’s Who in Finance and Industry (29th to 37th Editions); Who’s Who in American Education (6th Edition). ------------------- There are times when you have to obey a call which is the highest of all, i.e. the voice of conscience even though such obedience may cost many a bitter tear, and even more, separation from friends, from family, from the state, to which you may belong, from all that you have held as dear as life itself. For this obedience is the law of our being. ~ Mahatma Gandhi
This entry was posted in Aboriginal Law, Academia and Academics, Academia as Fraud, Behind the Masks of the Democratic Party, Capitalism and Psycho-Sociopathy, Conspiracy against Rights and under Color of Law, Corruption and Intrigue in Government, CORRUPTION IN "HIGHER" EDUCATION, courage and treachery in government, FOUNDATIONS OF FASCISM IN AMERICA, Government Corruption, IMPERIAL HUBRIS AND INTRIGUE, Imperial Hypocrisy and Intrigue, Legal System Corruption, MSM Mainstream Media Sycophancy, Psychopathic Management, Psychopaths and Sociopaths in Politics, Psychopaths in Management, Whistleblowers. Bookmark the permalink.

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