NCJ Number
114141
Journal
Federal Probation Volume: 52 Issue: 3 Dated: (September 1988) Pages: 43-47
Date Published
1988
Length
5 pages
Annotation
This study examined State and Federal inmate litigation trends between 1975 and 1987 using data from 7,428 civil petitions filed in 6 State and 4 Federal district courts in 6 Southern States.
Abstract
Overall, the number of civil lawsuits filed by inmates in both State and Federal jurisdictions has increased systematically over the study period. However, noticeable decreases occurred in the proportion of cases filed under Title 28, Section 2674 of the Federal Tort Claims Act in both jurisdictions. At the same time, there were significant increases in the proportion and number of inmate petitions filed in State courts alleging civil rights violations under Title 42, Section 1983; while a corresponding proportionate and numerical decrease occurred in Section 1983 petitions in Federal jurisdictions. Overall, the number of habeus corpus petitions filed under Title 28, Section 2241 decreased systematically in State courts. Although the proportion of Section 2241 filings was higher in district courts relative to State courts in all years, the number filed in Federal courts was quite small. The decrease in tort filings alleging negligence or other liability on the part of prison administrators may be attributable to the establishment of administrative grievance procedures, increased use of arbitration, and increased awareness of legal liabilities and responsibilities among correctional personnel. Theincrease in civil rights filings may reflect increased awareness by inmates of their rights. 1 table and 45 references.