Yolonda Deyvonne Burt, a federal inmate, filed a lawsuit against the USA pursuant to the Federal Tort Claims Act (“FTCA”). Burt, a biological male diagnosed with Gender Identity Disorder prior to incarceration, was transferred to Federal Correctional Institution Butner-I and was immediately subjected to sexual harassment by other inmates. He reported the incidents to both Dr. Adams of Psychological Services and A. Harris, his case manager, expressing fear to both of these individuals. This fear arose in part from unlocked cell doors and he requested a transfer to where cell doors were locked at night. Burt claims that thereafter he was the victim of two separate assaults. In the June assault, Burt alleged a rape by two inmates, Harold English and Stanley Hervey. In the November 9th assault, plaintiff was stabbed by Inmate English about the face and neck with a box cutter or blade of some type which was never recovered. That assault was witnessed by a guard and other inmates and the assault itself is not in dispute. Burt asserted in his lawsuit that the Bureau of Prisons did not safeguard him from predators.
The court dismissed the FTCA claim.