Analysis of Civil Suits Filed Against Private and Public Prisons: A Comparison of Title 42: Section 1983 Litigation

• NCJ Number: 209002
• Journal: Criminal Justice Policy Review Volume: 16 Issue: 1 Dated: March 2005 Pages: 74-87
• Author(s): Curtis R. Blakely; Vic W. Bumphus
• Date Published: March 2005
• Length: 14 pages
• Publication Format: Article
• Publication Type: Report (Study/Research); Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This study identified the similarities and differences in Title 42: Section 1983 civil litigation against private and public prisons.

Abstract

Section 1983 is the primary act by which inmates seek legal redress for a wide variety of constitutional violations. This study considered all inmate-initiated lawsuits alleging a violation of Section 1983 and receiving a ruling in a Federal court since 1992. The Lexis/Nexis legal resource program was used to identify 32 cases brought under Section 1983 against a private correctional corporation. A comparable universe of 17 Section 1983 suits filed against the public-sector were found. All allegations that received a court action were considered. Corrections Corporation of America was named in 62 percent of the suits filed against the private sector, followed by Wackenhut, which was named in 12 percent of the suits. The most frequently named State was Tennessee (29 percent), followed by Oklahoma (24 percent). The cases examined pertained to inmate safety; prison management; conflict resolution; profit; race, ethnicity, and gender; staff training; and recreation. In 91 percent of the private-sector suits, no explicit comparisons were made between private and public prisons. In the remaining 9 percent, a comparison was made regarding civil liability, general correctional challenges, training, and financial motives. There was little evidence to indicate that the suits filed against the private sector were more often the result of the pursuit of profit and efficiency than were the suits filed against the public sector. In a few cases, the court suggested that private operators have an inherent incentive to withhold training and hire fewer and less qualified personnel than public sector prisons as a way to increase profit margins. The private sector should therefore be aware that among some in the Federal judiciary there is a perception that the profit motive is linked with the likelihood of inmate civil rights violations. 3 tables and 23 references