Texas inmate begged prison guards to protect him from a "sexually violent inmate" and asked to be reassigned to a different cell block. Fully aware of the doctrine that snitches get stitches, the guards required him to identify the man threatening him in front of other inmates. The assistant warden called him a snitch and then denies the transfer because well, he is a snitch. In short order, he is assaulted by the violent inmate who tells him he "never should have reported him." Man sues sua sponte. District court: Dismissed sua sponte - even before the warden filed a response. Fifth Circuit: While “[t]he Constitution ‘does not mandate comfortable prisons,’” being violently assaulted is not a legitimate part of penalty. District court needs to take a look at the merits of this one.
The case is Alvarez v. Akwitti, 20-50464 (5th Cir. May 5, 2021).