NCJ Number
61119
Journal
University of Toledo Law Review Volume: 9 Dated: (SUMMER 1978) Pages: 873-895
Date Published
1978
Length
23 pages
Annotation
PROCEDURES ARE SUGGESTED FOR RELIEVING THE HEAVY VOLUME OF INMATE LITIGATION OCCASIONED BY FEDERAL COURTS' LIMITED APPLICATION OF THE 'HANDS-OFF' DOCTRINE REGARDING STATE PRISON CONDITIONS AND PRACTICES.
Abstract
IN THE ABSENCE OF ALTERNATIVE REMEDIES ENABLING STATE INMATES TO PURSUE ADJUDICATION OF COMPLAINTS, THE DISTRICT COURTS MUST USE FEDERAL MAGISTRATES TO AID IN THE PROCESSING AND RESOLUTION OF PRISONER PETITIONS. THE FEDERAL MAGISTRATES ACT WAS RECENTLY AMENDED TO AUTHORIZE MAGISTRATES TO CONDUCT EVIDENTIARY HEARINGS AND SUBMIT TO THE COURT PROPOSED FINDINGS OF FACT AND RECOMMENDATIONS FOR THE DISPOSITION OF PRISONER PETITIONS CHALLENGING CONDITIONS OF CONFINEMENT. HOWEVER, THE INCREASED USE OF MAGISTRATES DOES NOT APPEAR TO COMPENSATE FOR THE ANNUAL INCREASE IN THE FILING OF PRISONER PETITIONS. DISTRICT COURT JUDGES SHOULD USE THOSE INTERNAL PROCEDURES WHICH CAN MAKE THEIR CASELOADS MORE MANAGEABLE. RECOMMENDED INTERNAL PROCEDURES AIMED AT IMPROVING EFFICIENCY IN PROCESSNG PRISONER PETITIONS HAVE BEEN PROMULGATED BY THE PRISONER CIVIL RIGHTS COMMITTEE OF THE FEDERAL JUDICIAL CENTER. THESE PROCEDURES ARE DESIGNED TO SEPARATE FRIVOLOUS FROM EMOTIONAL CLAIMS. A NEED ALSO EXISTS FOR THE DEVELOPMENT AND ADOPTION OF ADEQUATE PROCEDURES WITHIN THE CORRECTIONAL SYSTEMS THEMSELVES TO REMEDY GRIEVANCES. THE DEVELOPMENT OF PROCEDURES THAT WOULD ALLOW STATE OFFICIALS TO HAVE THE FIRST OPPORTUNITY TO REEVALUATE THEIR OWN POLICIES AND PRACTICES IS DESIRABLE, BECAUSE IT WOULD RESTORE THE STATES' PRECEDENCE IN GOVERNING THEIR OWN AFFAIRS. (RCB)