RESOLUTION OF INMATE GRIEVANCES AS AN ALTERNATIVE TO THE COURTS

• NCJ Number: 66369
• Journal: Arbitration Journal Volume: 35 Issue: 1 Dated: (MARCH 1980) Pages: 11-16
• Author(s): J R HEPBURN; J H LAUE
• Date Published: 1980
• Length: 6 pages
• Contract Number(s): 76-ED-001
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Arbitration Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE IMPACT OF NEW YORK STATE'S INMATE GRIEVANCE RESOLUTION PROCEDURE ON INMATE-INITIATED LITIGATION IS ASSESSED BY EXAMINING A SAMPLE OF 154 INMATE GRIEVANCES FILED IN TWO STATE INSTITUTIONS DURING 1976.

Abstract

A 1-IN-4 SAMPLE TOTALING 86 GRIEVANCES WAS SELECTED FROM THE ATTICA CORRECTIONAL FACILITY AND A 1-IN-2 SAMPLE TOTALING 68 GRIEVANCES WAS SELECTED FROM THE AUBURN CORRECTIONAL FACILITY. TWO ATTORNEYS EXAMINED EACH GRIEVANCE AND INDICATED THE NATURE OF THE LEGAL ISSUE INVOLVED AND THE DEGREE TO WHICH IT WAS JUSTICIABLE. FOUR CATEGORIES OF JUSTICIABILITY WERE USED: (1) GRIEVANCES WITH CLEAR LEGAL MERIT THAT COULD GO TO COURT, (2) GRIEVANCES THAT APPEARED TO HAVE LEGAL MERIT BUT WHERE THE LAW WAS AMBIGUOUS AND MORE INFORMATION WAS NEEDED, OR (3) WHERE THE FACTS OF THE CASE WERE UNCLEAR AND MORE INFORMATION WAS NEEDED, AND (4) GRIEVANCES THAT HAD NO LEGAL MERIT AND COULD NOT GO TO COURT. THE ATTORNEYS AGREED ON THE NATURE OF THE LEGAL ISSUE IN ALL CASES. COMMUNICATIONS ISSUES (THOSE INVOLVING MAIL, CENSORSHIP, VISITORS, PACKAGES, AND TELEPHONE) WERE THE MOST FREQUENT LEGAL ISSUES RAISED (43 OF THE 154), ALTHOUGH GRIEVANCES CONCERNING CLASSIFICATION AND CONDITIONS OF CONFINEMENT WERE PREVALENT. ANALYSIS SUGGESTS THAT, AT MINIMUM, 19 PERCENT OF THE GRIEVANCES WERE JUSTICIABLE AND COULD HAVE GONE TO COURT, WHILE AN ADDITIONAL 22 PERCENT WERE MERITORIOUS BUT NEEDED ADDITIONAL INFORMATION. IN ADDITION, RESOLUTION OF GRIEVANCES WAS IN LINE WITH THEIR DEGREE OF MERIT AND IT SEEMED UNLIKELY THAT COURTS WOULD BE MORE RESPONSIVE. GRIEVANCES HAVING CLEAR LEGAL MERIT OR NO LEGAL MERIT WERE EQUALLY LIKELY TO BE RESOLVED BY THE CENTRAL OFFICE REVIEW COMMITTEE. THESE CONCLUSIONS MUST BE INTERPRETED IN LIGHT OF THE SAMPLE ON WHICH THEY WERE BASED. CALENDAR YEAR 1976 WOULD THEN HAVE YIELDED 313 JUSTICIABLE GRIEVANCES FROM THE ENTIRE SYSTEM THAT COULD HAVE RESULTED IN LITIGATION HAD NOT THE INMATE GRIEVANCE PROCEDURE BEEN IN OPERATION. THE FINDINGS SUGGEST THAT SUCH A PROCEDURE CAN PROVIDE FAIR AND EXPEDITIOUS REDRESS AND AVOID COSTLY, PROLONGED, AND UNPREDICTABLE LITIGATION. FOOTNOTES AND TABULAR DATA ARE PROVIDED. (AOP)