NCJ Number
84762
Date Published
1981
Length
919 pages
Annotation
Various areas of prisoners' rights litigation are discussed, with attention to U.S. Supreme Court decisions in those areas.
Abstract
Following a review of historical and future developments in offender rights litigation, a discussion of jurisdiction and procedure considers State prisoners in Federal courts and Federal prisoners' access to Federal courts. The section on substantive issues considers inmates litigation under the first amendment, access to the courts and legal assistance, privacy, due process, women's prison problems, punishment and segregation, and behavior programs and forced drugging. Jail conditions and practices are also examined, including overcrowding, inadequate funds defense, State law theories, and damage cases. An analysis of litigation in the area of parole focuses on parole grant, challenging inaccurate records, parole revocation, challenges to parole conditions, and Federal parole. The discussion of inmate medical care covers mental health care and commitment to mental hospitals as well as post-Gamble cases. Other areas of litigation considered are civil death and ex-offender disabilities, challenges to prison or systemwide conditions, damage actions, and attorneys' fees. Bibliographies and footnotes accompany a number of the sections. For individual entries on first amendment litigation, due process litigation, and women's prison problems, see NCJ 84762-65.