Inmate's suit over short shorts dismissed
A federal judge has dismissed a long-standing lawsuit against the Utah State Prison filed by an inmate who claims he was retaliated against for wearing too-short shorts.
In 2005, Kevin Lynn Thayer filed a federal civil rights suit against the prison, claiming retaliation over a 2003 incident with one female and two male prison guards. According to Thayer's claim, the guards took issue with Thayer's "modified" prison sweat shorts. Guards reported that Thayer, a convicted sex offender, exposed his buttocks when he bent over while sunbathing in the recreation yard of the Purgatory Correctional Facility, and it appeared he was not wearing underwear.
According to the suit, Thayer claimed guards called him into the jail's control room to confiscate his "cute little skirt." When a guard told him to leave his shorts on the floor, Thayer replied, "OK, but I don't think they'll fit you." That snide remark, Thayer claims, earned him months of retaliation by the guards, who threw him in solitary confinement and charged him with making derogatory language toward staff; engaging in or encouraging others to engage in sexual activities; manipulation of housing assignment by use of violent, threatening or disruptive behavior; and disorderly conduct.
Thayer was charged with criminal lewdness, a class B misdemeanor, in Hurricane City Justice Court.
The charge was later dropped by the city prosecutor due to insufficient evidence.
After the charge was dropped, Thayer claimed he continued to be harassed by guards.
In a ruling issued last week, U.S. District Judge Dee Benson ruled that Thayer failed to state any evidence of a civil rights violation. Specifically, Benson wrote that the guards had a legitimate interest in maintaining a secure environment when they confiscated Thayer's shorts. Multiple officers and inmates had seen and complained about Thayer's behavior. "Give that such behavior could jeopardize institutional security, (Purgatory) officials had a legitimate penological interest in investigating the matter further and taking disciplinary action," Benson wrote.
Thayer, who is currently housed at the state prison in Gunnison, is serving time for felony convictions of sex abuse of a child in 1994 and sexual exploitation of a minor in 2002.
Recent comments
While he's sunbathing, we taxpayers are working to pay his lawyers to...
Aggie Fan | July 8, 2009 at 12:16 p.m.
Sunbathing in prison? What ever happened to chaingangs? Making...
geedub | July 7, 2009 at 7:36 p.m.
- Today on TV 12:49 a.m.
- Wanted: Bank robber with bad breath 12:40 a.m.
- Philippine police clash with clan 12:28 a.m.
- Officer responding to call killed 12:28 a.m.
- Editorial: Fine-tune state workweek 12:18 a.m.
- Let's keep energy money in the U.S. 12:18 a.m.
- How to pay for the war 12:17 a.m.
- Feast of Guadalupe nourishes soul 12:17 a.m.
- Obama's strategy is a road map 12:17 a.m.
- Letters: 'Political priestcraft' 12:17 a.m.
- BYU and Utah's bowl games
- Y., U. to learn bowl destinations
- BYU professor remembered
- The forgotten ship: USS Utah
- Branch president without a congregation
- Utahns want health care reform bills
- Kurt Bestor: Joy for the world
- BYU basketball: Cougars crush Dons
- Urn of baby rests with sailors
- Jazz upset by Wolves
- Letters: Liberal because LDS
257 - Y. profs: Beck not all-knowing
214 - Hate not limited to 1 in-state rivalry
189 - Aggies shoot past Cougars
179 - N.Y. Senate rejects gay marriage
130 - George lost in rivalry hatefest
113 - TCU to play Boise in Fiesta Bowl
110 - Ed Smart 'appalled' at testimony
97 - Harpring's NBA career is over
95 - Sloan gets 1-year extension
80
Trolley Square's annual Holiday Open House will feature visits with...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
Sorry earlier I meant to say that tracks seems to travel at 35 miles an hour...
'Peter Frumhoff, the director of science and policy at the Union of...
The Non-BCS crowd ought to create their own title game...their own brand, and...
That's the whole of your defense of GOP resistance to badly-needed ethics...
Your criticism should hardly be focused on Bennett alone. What about all the...
'Wired's Threat Level blog reported on November 20 that Gavin Schmidt, a...
The reality of climate change is supported by multiple lines of evidence and...
I had the priviledge of staying in the LeBaron home on severl occasions as I...
So the unemployment rate has dropped to "just" 10%, huh? I wonder what that...
Ahh for the love of money...what money can buy!!!


