Zeising v. Shelton

holding that “other courts addressing this issue have found that the PREA does not establish a private cause of action” | concluding that PREA does not create a 7 The Eighth Amendment is applicable to the States through the Fourteenth Amendment and prohibits the infliction of “cruel and unusual punishments.” Wilson v. Seiter, 501 U.S. 294, 297 (1991 | concluding that PREA does not create a private cause of action | noting that “other courts addressing this issue have found that the PREA does not establish a private cause of action for allegations of prison rape” | finding that PREA does not afford a private right of action | finding that PREA does not afford a private right of action | finding that PREA does not afford a private right of action | affirming dismissal of PREA claim as frivolous because PREA does not establish a private cause of action for prison rape | dismissing a prisoner’s Section 1983 claim alleging violations of PREA as “frivolous” | “other courts addressing this issue have found that the PREA does not establish a private cause of action” | “Insofar as Krieg argues that his rights under the [PREA] were violated, other courts addressing this issue have found that the PREA does not establish a private cause of action for allegations of prison rape.” | “Insofar as Krieg argues that his rights under the [PREA] were violated , other courts addressing this issue have found that the PREA does not extablsih a private cause of action for allegations of prison rape” | “[A]ny claim raised under the PREA is properly dismissed as frivolous.” | “[A]ny claim raised under the PREA is properly dismissed as frivolous.” | “Insofar as Krieg argues that his rights under the Prison Rape Elimination Act of 2003 ... were violated, other courts addressing this issue have found that the PREA does not establish a private cause of action for allegations of prison rape.” (citations omitted) | relying on persuasive out-of-circuit cases making the same point