Correctional Law & Inmate
Litigation
Chapter Eleven
Prisoners’ Rights
• The court’s involvement in prisoners’ rights
can be divided into three periods:
“Hands-off” Period
• The “Hands-off” Period (prior to 1964)
“Rights” Period
• The “Rights” Period (1964–1978)
Prisoners’ Rights—The
“Deference” Period
• The “Deference” Period (since 1979)
Prisoners’ Rights (continued)
• Can be divided into four broad areas:
Prisoners’ Rights (continued)
• Generally, prisoners challenging actions of
prison officials do so by tort action.
Prisoners’ Rights (continued)
• Writ of Habeas Corpus
Prisoners’ Rights (continued)
• Prisoner Litigation Reform Act of 1996
Prisoners’ Rights and
Expectations
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.
“Hands-off” Doctrine
• Justice Frankfurter, writing in Gore v. U.S.
(1958):
Cooper v. Pate (1964)
• Essentially ended “hands-off” doctrine
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
Prisoner Access to Court
• Section 1983 cases became most popular
way to bring action against prison officials
Turner v. Safley (1987)
• Rational basis test
Rational Basis Test
• Court should assess:
Current Status
• Recent decisions reflect turn back toward
“hands-off” doctrine:
First Amendment Rights—Mail
• Prisons routinely censored inmate mail
• Procunier v. Martinez (1974)
First Amendment Rights—
Religion
• 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):
Fourth Amendment
• Protects against unreasonable searches and seizures
• Bell v. Wolfish (1979):
• U.S. v. Hitchcock (1972):
• Hudson v. Palmer (1984):
Sixth Amendment
• Guarantees assistance of counsel
• Issue of access to courts
• Johnson v. Avery (1968):
• Bounds v. Smith (1977):
Eighth Amendment
• Protection against cruel & unusual
punishment
Eighth Amendment—Medical
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
Eighth Amendment (continued)
• Four criteria to evaluate behavior:
Eighth Amendment (continued)
• Combination of conditions in some prisons
so bad that held to violate 8th Amendment,
e.g., Pugh v. Locke (1976)
Eighth Amendment—Use of
Force
• Use of force:
• Hudson v. McMillian:
Eighth Amendment—
Overcrowding
• Overcrowding: crowding alone does not
constitute cruel and unusual punishment
Alternatives to Litigation