Part II
Constitutional Law of Corrections
Chapter 5 - A General View of Prisoners’
Rights Under the Constitution
Introduction: Chapter begins the detailed
study of the constitutional law applying
to corrections management and
operations
Chapter Outline
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The Nature of Prisons
Section 1983 and the Constitution
Defenses: How Does the Corrections
Worker Protect Himself?
Inmate Grievances
Prison Litigation Reform Act (PLRA)
Prisoners’ Rights
The Nature of Prisons
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Mission statements – common traits: protect
public, provide safe and humane environment,
provide inmates self-improvement opportunities
Statistics:
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As of 12/31/02, state and federal prisons housed
1,361,258 inmates
Number of female inmates increased almost 5%
in 2002, twice the increase of men
Men still almost 15 times more likely to be
confined
The Nature of Prisons: cont’d
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Three general types of prisons:
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Maximum security – some characteristics:
double wall or fence, highly controlled
movement
Medium security – some characteristics:
single fence or wall, inmate movement
may be unescorted, but frequently
supervised
The Nature of Prisons: cont’d
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Minimum security – some characteristics:
single or no fence, less restricted
movement
Administrative institutions – have specific
purpose, such as medical centers and
detention facilities
The Nature of Prisons: cont’d
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Institution placement objective – least
restrictive movement while providing
appropriate control
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Efforts made to standardize process
Staff professional judgment – essential part
of designation process
The Nature of Prisons: cont’d
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A prison is a “community,” with very specific
outer boundaries – like the “free world,” the
prison has
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Persons in control (prison administration) and
those living under guidelines (inmates)
Methods for control (discipline system)
Work, education, and recreational opportunities;
and a commissary
Privileges such as visiting, correspondence, and
telephone
The Nature of Prisons: cont’d
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One aspect is missing – freedom to
come and go at will
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The prison has a high degree of uniformity
in rules and controls, on what is expected
and on what is allowed
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Examples include time of movement,
serving of meals, and retention of personal
property
A guiding principle – be “firm but fair”
The Nature of Prisons: cont’d
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Pains of imprisonment – deprivation of
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Liberty – conviction is deliberate rejection by the
community
Goods and services – “freedom of choice” greatly
limited
Heterosexual relationships – lack of opportunity
Autonomy – dependence, as opposed to
independence
Security – concern for personal safety
The Nature of Prisons: cont’d
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Litigation can become a coping mechanism
Four possible reasons for inmate lawsuits:
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Fact – justified reason
Frustration – feeling of no other option
available
Fancy – feeling might be a “fun” thing to do,
with nothing to lose
Fiction – an untruth, possible means for
harassing staff member
The Nature of Prisons: cont’d
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Prison staff most vital component of
prison management
Corrections staff must be trained in how
to handle a variety of situations, how to
supervise, and how to develop and use
good interpersonal skills
Section 1983 and the
Constitution
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Section 1983 - most common means for
taking legal action against prison
officials
Section 1983 – used to establish most
of the constitutional rights afforded to
inmates
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Wider scope of judicial review
Broader relief opportunities
Section 1983 and the
Constitution: cont’d
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Most important source of prisoners’
rights
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U.S. Constitution, with the U.S. Supreme
Court as the final arbiter and definer of
constitutional provisions
Defenses: How Does the Corrections
Worker Protect Himself?
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No immunity against being sued
How to protect self
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Follow policies and instructions of supervisors
Obtain, or provide, good training – one focus:
areas where there are greatest exposures to
constitutional liability
Become familiar with the law in that jurisdiction
Find a good mentor – the value of an “old hand”
Keep good records
Inmate Grievances
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Underlying concept – inmates will have
complaints; a grievance system provides a
uniform means for these to be considered
Methods may include
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Mediation
Arbitration
Ombudsman
Hearing panels
Advisory groups
Inmate Grievances: cont’d
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Most common method: written grievance
system – written rules provide for
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Opportunity for inmate to file
Time limits for filing and for receiving a
response
Description of types of actions that may be the
subject of grievances and those that may not
Emergency handling procedures
Safeguards against reprisals
At least one level of appeal of decision
Inmate Grievances: cont’d
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Benefits of the written grievance system
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Reduces frustration, provides inmate a
means of recognition
Staff may identify problem areas, and
those of inmate concern
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Addresses as appropriate, without court
intervention
Inmate Grievances: cont’d
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Used properly, diffuses inmate hostility and
resentment
Reduces likelihood of formal legal
complaint
If lawsuits are filed, provides court with
background information
Inmate Grievances: cont’d
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Weaknesses of the inmate grievance system
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May not provide all types of relief – money,
injunctive relief not often available
May not cover some of the greatest
complaints of inmates, such as disciplinary
and medical
May have inmates trying to clog up system –
“frequent filers”
Time limits may drag on
Inmate perception that relief is never given
Inmate Grievances: cont’d
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Exhaustion requirement – many courts
require the inmate to exhaust
administrative remedies before she can
file in court
Prison Litigation Reform Act
(PLRA)
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Signed into law in 1966 – codified in 42
USC § 1997e
Requires inmate to exhaust
administrative remedies before filing
suit with respect to prison conditions
under Section 1983, or any other
federal law
Prison Litigation Reform Act
(PLRA): cont’d
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Other limitations:
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Frivolous, malicious, ill-founded suits could
be dismissed without requiring exhaustion
Attorney fees were limited
No federal civil action could be filed by an
inmate for mental or emotional injury while
in custody without prior showing of
physical injury
Prison Litigation Reform Act
(PLRA): cont’d
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To proceed in forma pauperis (without funds,
and thus excused from paying court fees)
would need to submit records showing a lack
of funds in the inmate’s prison account
Court orders for relief from prison conditions
strictly limited
Consent decrees were limited in the scope of
relief
Limited use and authority of special masters in
prison cases
Prison Litigation Reform Act
(PLRA): cont’d
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Objective – to reduce the volume of
state prisoner rights suits brought in
federal courts
Prison Litigation Reform Act
(PLRA): cont’d
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Exhaustion requirement:
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Booth v. Churner (2001) – Court said an
inmate must complete a prison
administrative process capable of
addressing the inmate’s complaint and
providing a form of relief, even if that
process provides no monetary relief
The focus is exhaustion of “processes,” not
the forms of relief
Prison Litigation Reform Act
(PLRA): cont’d
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Porter v. Nussle (2002) – Court held PLRA’s
exhaustion requirement applies to all
inmate suits about prison life
An undecided aspect: whether nonexhaustion is a defense (affirmative) that
must be raised and proved by the
defendant official – currently there is a
“split” in the circuits
Prisoners’ Rights
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If corrections worker finds self involved
in lawsuit, despite efforts described in
this chapter, steps discussed in Chapter
4 are important
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Obtain representation
Cooperate in all stages of legal case
Knowledge of law by staff is important,
both local law and constitutional
requirements