Correctional Law

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Correctional Law Inmate Litigation

• Chapter Eleven

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Prisoners Rights

• The courts involvement in prisoners rights can
  be divided into three periods

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Hands-off Period

• The Hands-off Period (prior to 1964)

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Rights Period

• The Rights Period (19641978)

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Prisoners RightsThe Deference Period

• The Deference Period (since 1979)

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Prisoners Rights (continued)

• Can be divided into four broad areas

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Prisoners Rights (continued)

• Generally, prisoners challenging actions of
  prison officials do so by tort action.

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Prisoners Rights (continued)

• Writ of Habeas Corpus

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Prisoners Rights (continued)

• Prisoner Litigation Reform Act of 1996

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Prisoners Rights and Expectations
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Back to Basics

• Starting in the mid-1990s, legislators have
  decided that they were tired of coddling prison
  inmates and attempted to make prison conditions
  harsher for the inmates.

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Hands-off Doctrine

• Justice Frankfurter, writing in Gore v. U.S.
  (1958)

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Cooper v. Pate (1964)

• Essentially ended hands-off doctrine

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Impact of Cooper v. Pate

• Allowed prisoners to sue correctional authorities
  under Title 42, U.S. Code, Sec. 1983
• Imposes civil liability on someone who denies
  another his/her constitutional rights
• Suits against state officials could be heard in
  federal courts

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Prisoner Access to Court

• Section 1983 cases became most popular way to
  bring action against prison officials

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Turner v. Safley (1987)

• Rational basis test

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Rational Basis Test

• Court should assess

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Current Status

• Recent decisions reflect turn back toward
  hands-off doctrine

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First Amendment RightsMail

• Prisons routinely censored inmate mail
• Procunier v. Martinez (1974)

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First Amendment RightsReligion

• General rule prisoners should be given
  opportunity to practice their faith, regardless
  of what it is
• Includes
• Fulwood v. Clemmer (1962)
• Cruz v. Beto (1972)

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Fourth Amendment

• Protects against unreasonable searches and
  seizures
• Bell v. Wolfish (1979)
• U.S. v. Hitchcock (1972)
• Hudson v. Palmer (1984)

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Sixth Amendment

• Guarantees assistance of counsel
• Issue of access to courts
• Johnson v. Avery (1968)
• Bounds v. Smith (1977)

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Eighth Amendment

• Protection against cruel unusual punishment

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Eighth AmendmentMedical Care

• Medical care Estelle v. Gamble (1976)
• Failure to provide medical care was indication of
  deliberate indifference
• Also failing to have qualified medical staff or
  providing inadequate treatment

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Eighth Amendment (continued)

• Four criteria to evaluate behavior

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Eighth Amendment (continued)

• Combination of conditions in some prisons so bad
  that held to violate 8th Amendment, e.g., Pugh v.
  Locke (1976)

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Eighth AmendmentUse of Force

• Use of force
• Hudson v. McMillian

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Eighth AmendmentOvercrowding

• Overcrowding crowding alone does not constitute
  cruel and unusual punishment

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Alternatives to Litigation