NCJ Number
41204
Date Published
1977
Length
35 pages
Annotation
THE INCREASED WILLINGNESS OF COURTS TO HEAR THE COMPLAINTS OF PRISONERS HAS LED TO AN EVER INCREASING NUMBER OF INMATE SUITS SEEKING RELIEF FROM ALLEGED INJUSTICES.
Abstract
THESE SUITS HAVE UTILIZED TITLE 42 OF THE UNITED STATES CODE, SECTION 1983 AS THEIR REMEDIAL VEHICLE. THIS STATUTORY PROVISION ALLOWS FOR AN INMATE'S ACTION TO BE BROUGHT IN FEDERAL COURT IF A CONSTITUTIONAL RIGHT IS VIOLATED. THE RELIEF AVAILABLE TO AN INMATE UNDER SECTION 1983 MAY BE IN THE FORM OF DAMAGES, INJUNCTIONS, DECLARATORY JUDGEMENTS, AND WRITS OF MANDAMUS. THE ABUNDANCE OF INMATE SUITS AND THE PROBLEMS CREATED BY THE INTERFERENCE OF COURTS IN PRISON ADMINISTRATION DEMONSTRATES THE NEED FOR AN EXAMINATION OF SECTION 1983 AND ITS DEFENSES. THIS EXAMINATION IS INTENDED TO ALLEVIATE SOME OF THESE PROBLEMS BY GIVING STATE ATTORNEYS AN INDICATION OF WAYS TO COMBAT SECTION 1983 LAWSUITS. THE EXAMINATION OF SECTION 1983 IS DIVIDED INTO FOUR PARTS. FIRST, THERE IS AN OVERVIEW OF THE STATUTE WITH A DEFINITION OF ITS LANGUAGE AND AN EXPLANATION OF THE ELEMENTS NECESSARY TO ESTABLISH A CAUSE OF ACTION. SECOND, THERE IS A DISCUSSION OF THE MAJOR DEFENSES WHICH MOST FREQUENTLY ARE APPLICABLE AGAINST INMATE SUITS. THIRD, THERE IS A DESCRIPTION OF DEFENSES USED AGAINST OTHER FEDERAL ACTIONS WHICH MAY BE APPLICABLE TO SECTION 1983 PRISONER SUITS. FINALLY, A BRIEF EXAMINATION OF GRIEVANCE PROCEDURES AND HOW THEY AFFECT INMATE COMPLAINTS IS UNDERTAKEN. (AUTHOR ABSTRACT) ...MSP