A prisoner who is called a “bitch” by another inmate is not justified in using force in self-defense. The Federal Court of Appeals for the Ninth Circuit held that being called a “bitch” in the “harsh environment” of prison may create a risk, but it does not justify the use of force, or “a surprise, pre-emptive attack using deadly force.”
In denying Lenny Urena’s appeal of a conviction for stabbing an inmate who had called him a “bitch,” the Court of Appeal ruled that he was not entitled to a jury instruction on self-defense. The Court, in U.S. v. Urena (No. 09-50285), stated, “When a person receives harsh words from another, insulting words, demeaning words, or even fighting words, there is no privilege to assault the speaker with deadly force.”