It's surprising that, since prison rape is so well documented, that no action has ever been brought under the 8th amendment prohibiting cruel and unusual punishment. Prisons have a duty to protect prisoners from this and they could easily do so by using technology to monitor every area of the prisons and by segregating prisoners by race, types of crimes committed, weight and other physical characteristics. The claim that since this isn't state sanctioned punishment won't fly. A defacto sentence of five years of being fucked in the ass by a multiple murderer for the crime of a third DUI is cruel and unusable punishment in anybody's book.