NCJ Number
133425
Journal
Federal Prisons Journal Volume: 2 Issue: 3 Dated: special issue (Summer 1991) Pages: 41-47
Date Published
1991
Length
7 pages
Annotation
The experience of State facilities and the Federal Bureau of Prisons with conditions of confinement lawsuits are reviewed in an effort to provide insight as to how the Bureau might preserve its reputation and avoid judicial intervention.
Abstract
Following a brief history of judicial intervention in the internal affairs of America's prisons, attention turns to a review of case decisions in confinement lawsuits brought against States and the Bureau and the reasons the Bureau has not experienced as much court intervention as the States. The Bureau is sued virtually as often as States, but is able to have most cases dismissed or settled. Historically, the Bureau has established a good relationship with the courts because it exhibits a willingness to cooperate and accept suggestions. Additionally, the Bureau has done well because it conducts program reviews to help each institution operate in a manner consistent with Bureau policies and procedures, it adheres to a policy that requires an inmate to first try to resolve the matter informally with staff, it operates a General Counsel's Office which oversees all legal affairs of the Bureau and serves to Guide Regional Counsel, and it maintains centralized repositories of data which provide direct information on living environments and trends for prison managers. 3 notes