STATE INMATE'S CHALLENGE TO CONDITIONS OF PRISON CONFINEMENT IS COGNIZABLE UNDER 42 U.S.C. & 1983 AND ENTAILS NO REQUIREMENT OF EXHAUSTION OF STATE REMEDIES

• NCJ Number: 7459
• Journal: Columbia Law Review Volume: 72 Issue: 6 Dated: (OCTOBER 1972) Pages: 10781090
• Author(s): ANON
• Date Published: 1972
• Length: 13 pages
• Corporate Author: Columbia University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

HISTORY OF FEDERAL COURT DECISIONS ON THE USE OF THIS SECTION OF THE 1871 FEDERAL CIVIL RIGHTS ACT BY INMATES TO CHALLENGE PRISON REGULATIONS AND CONDITIONS.

Abstract

PRISONERS HAVE USED THIS ACT, NOW CODIFIED AS U.S.C. SECTION 1983, TO OBTAIN RELIEF FROM CRUEL AND UNUSUAL PUNISHMENT, ABRIDGEMENT OF RELIGIOUS FREEDOM, SOLITARY CONFINEMENT, LACK OF MEDICAL TREATMENT, AND WITHDRAWAL OF GOOD BEHAVIOR TIME CREDIT. ALTHOUGH IT HAS BEEN ARGUED THAT SECTION 1983 ALSO REQUIRES EXHAUSTION OF AVAILABLE STATE REMEDIES PRIOR TO INITIATION OF FEDERAL SUIT, A LINE OF SUPREME COURT DECISIONS, CULMINATING IN HOUGHTON V. SHAFER, INDICATES A CONTRARY RESOLUTION. AUTHOR ABSTRACT