This symposium, brought together by the Nebraska Law Review, is a platform for timely and informed discussion, collaboration, and exchanges of ideas between law professors, attorneys, judges, affected persons, and journalists to shed light on critical aspects of the federal prison system and the way in which the system impacts the people in its custody. Our symposium consists of a keynote address and three discussion panels, each offering an exploration of many of the issues surrounding federal incarceration, from the pre-incarceration phase to conditions within prisons to strategies for holding state actors and systems accountable.
Keynote
Dee Farmer
October 11, 2023
6:00 - 7:00 p.m.
University of Nebraska College of Law, Hamann Auditorium
Panel Discussions
October 12, 2023
1:00 - 4:30 p.m.
University of Nebraska College of Law, Hamann Auditorium
Keynote: Dee Farmer
Dee Farmer will discuss Farmer v. Brennan, a case that was appealed to and was won in front of the United States Supreme Court. Farmer, a biological male who underwent hormone therapy and received breast implants, then underwent an unsuccessful sex reassignment therapy. She was later convicted of credit card fraud and sent to U.S. Penitentiary Terra Haute and placed in general male population, which was in accordance to the prison policy. While there, she was beaten and raped by her cell mate. She then sued at the federal district court level, alleging the prison failed to protect one of their prisoners, a protection that’s guaranteed under the Eighth Amendment.
Dee is a legal expert and consultant and a legend in the transgender rights movement. She was the first transgender plaintiff to bring a case before the U.S. Supreme Court. Dee lectures at law school, legal conferences and community events about transgender rights and is legal consultant for the National Center for Lesbian Rights and Gay and Lesbian Advocates and Defenders
Panel Descriptions
Before Prison
What happens before a person is committed to the custody of the federal government? How is the federal pre-incarceration phase different from the pre-incarceration stage on the state level? This panel will delve into the various aspects of the pre-incarceration phase on the federal level, examining the challenges individuals face when they are indicted. Panelists will explore the roles of key stakeholders, such as affected persons, judges, US Attorneys, and federal public defenders.
Conditions of Confinement
What sorts of confinement conditions do prisoners face at the federal level? This panel will address the conditions experienced by prisoners within the federal incarceration system. Topics of interest include the examination of prison infrastructure, the provision of healthcare, mental health support, educational opportunities, and the impact of overcrowding.
Prison Accountability and Performance Measures Panel
How are state actors and systems held accountable for their treatment of people in their custody? This panel will highlight the various efforts being undertaken by the legal field, organizations, and other stakeholders to ensure accountability within the federal prison system. Panelists will discuss strategies to address systemic issues, promote rehabilitation, and protect the rights and dignity of incarcerated individuals.
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Symposium Schedule: Day 1 (October 11th) |
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6:00 p.m. |
Welcome Introduction of Keynote Speaker |
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6:10 p.m. |
Keynote Speaker |
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Symposium Schedule: Day 2 (October 12th) |
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12:00 - 1:30 p.m. |
Check-in + Parking |
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1:00 p.m. |
Welcome Introduction of Panels |
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1:10 p.m. - 2:10 p.m. |
Before Prison Panel Panelists:
Moderators:
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2:10 p.m. |
Break |
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2:20 p.m. - 3:20 p.m. |
Conditions of Confinement Panel Panelists:
Moderators:
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3:20 p.m. |
Break |
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3:30 p.m. - 4:30 p.m. |
Prison Accountability and Performance Measures Panel Panelists:
Moderators:
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4:30 p.m. |
Closing Remarks Professor Danielle Jefferis, University of Nebraska College of Law Matias Cava, Editor and Chief of the Nebraska Law Review |
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4:45 p.m. - 5:30 p.m. |
Closing Reception |
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Keynote Speaker |
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Dee Farmer |
We are honored to have Dee Farmer as our keynote speaker. Dee's personal experiences within the federal prison system and her subsequent advocacy work have made her a compelling voice for change. Her address will inspire and challenge us to consider the human impact of incarceration and the pressing need for reform. Dee Farmer is well known as the plaintiff in the landmark prisoner’s rights Supreme Court case Farmer v. Brennan. In 1989, Farmer, a black, transgender woman, sued federal prison officials for failing to protect her from sexual assault at her federal Indiana prison where she was imprisoned with male inmates. Farmer’s case ultimately reached the Supreme Court in 1994. The Supreme Court unanimously ruled in Farmer’s favor, that she could seek damages from officials responsible for placing her in danger and that prisoners have a right to be protected from sexual violence. Farmer’s case has been cited by thousands of courts relating to prisoners' rights and transgender prisoner’s rights. Farmer’s work to fight injustice relating to sexual violence in prisons lead to the Prison Rape Elimination Act of 2003. Dee is currently a Paralegal Fellow in the MORCA-Georgetown Paralegal Program. For more information, see:
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Panelists |
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Judge Joseph Bataillon, U.S. District Judge for the District of Nebraska
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Judge Joseph Bataillon currently serves as a Senior U.S. District Court Judge for the District of Nebraska. He served as the District’s Chief Judge from 2004-2011. Judge Bataillon graduated from Creighton University with a B.A. in 1971 and a JD in 1974. He served as a deputy public defender in Douglas County, Nebraska from 1974 to 1980. Bataillon was nominated by President Bill Clinton in 1997 to serve on the United States District Court for the District of Nebraska.
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Jessica Milburn, Assistant Federal Public Defender, Lancaster County
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Jessica Milburn has planted her roots in Nebraska. She graduated from the University of Nebraska College of Law in 2000, earning her Juris Doctorate. Following graduation, Jessica started a career in criminal defense work. She began her journey at the Scottsbluff County Public Defender’s office handling a wide array of felony and misdemeanor cases. Thereafter, Jessica did a fellowship with the Office of the Federal Public Defender in Omaha, Nebraska, wherein she worked on numerous federal criminal cases. Jessica then went into private practice, focusing on criminal defense work. Jessica has devoted her career in helping indigent criminal clientele. She currently works for the Office of the Public Defender in Lincoln, Nebraska representing federal clients facing Indictments. Jessica has been with the office of the Public Defender for eight years. |
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Lecia Wright, Assistant U.S. Attorney, Tribal Liaison & Civil Rights Coordinator
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Lecia E. Wright is currently an Assistant United States Attorney for the District of Nebraska. Since July 2014, she has represented the U.S. in the District of Nebraska in the General Crimes Division. Ms. Wright is also the District’s Civil Rights Coordinator, enforcing federal civil rights laws, which protect the constitutional rights of citizens in the District of Nebraska. Ms. Wright serves as the Tribal Liaison for the District. She is the primary point of contact for Native American tribes and Reservations in the District of Nebraska. As Tribal Liaison, she coordinates and trains federal law enforcement agents investigating violent crime and sexual abuse cases in Indian country, as well as Bureau of Indian Affairs criminal investigators and tribal police presenting cases in Federal Court. Ms. Wright also serves in the United States Air Force Reserves as a Major. She serves as Appellate Government Counsel at the Air Force Legal Operations Agency, Headquarters JA, at Joint Base Andrews in Maryland. As Appellate Government Counsel, she represents the United States before the Air Force Court of Criminal Appeals and before the Court of Appeals for the Armed Forces. |
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Professor Pedro Gerson, University of Chicago
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