1. Part II Constitutional Law of Corrections

2. Chapter 5 - A General View of Prisoners’ Rights Under the Constitution
Introduction: Chapter begins the detailed study of the constitutional law applying to corrections management and operations

3. Chapter Outline The Nature of Prisons
Section 1983 and the Constitution
Defenses: How Does the Corrections Worker Protect Himself?
Inmate Grievances
Prison Litigation Reform Act (PLRA)
Prisoners’ Rights

4. The Nature of Prisons
Mission statements – common traits: protect public, provide safe and humane environment, provide inmates self-improvement opportunities
Statistics:
As of 12/31/02, state and federal prisons housed 1,361,258 inmates
Number of female inmates increased almost 5% in 2002, twice the increase of men
Men still almost 15 times more likely to be confined
--At year-end 2001, about 49% of state inmates were serving time for violent crimes.

5. The Nature of Prisons: cont’d
Three general types of prisons:
Maximum security – some characteristics: double wall or fence, highly controlled movement
Medium security – some characteristics: single fence or wall, inmate movement may be unescorted, but frequently supervised
--As used here, maximum security prison includes super maximums – these facilities confine inmates who have shown an inability to adjust to even a maximum security prison, such as gang members and inmates who have killed other inmates or staff. A super maximum security facility is even more tightly controlled. The facility might even have a court room within the institution to limit inmate movement.

6. The Nature of Prisons: cont’d
Minimum security – some characteristics: single or no fence, less restricted movement
Administrative institutions – have specific purpose, such as medical centers and detention facilities

7. The Nature of Prisons: cont’d
Institution placement objective – least restrictive movement while providing appropriate control
Efforts made to standardize process
Staff professional judgment – essential part of designation process
--Standardization can be reflected by assigning point totals to various factors – such as age, prior record, nature of offense – and then designating the institution based on the inmate’s total points.

8. The Nature of Prisons: cont’d
A prison is a “community,” with very specific outer boundaries – like the “free world,” the prison has
Persons in control (prison administration) and those living under guidelines (inmates)
Methods for control (discipline system)
Work, education, and recreational opportunities; and a commissary
Privileges such as visiting, correspondence, and telephone

9. The Nature of Prisons: cont’d
One aspect is missing – freedom to come and go at will
The prison has a high degree of uniformity in rules and controls, on what is expected and on what is allowed
Examples include time of movement, serving of meals, and retention of personal property
A guiding principle – be “firm but fair”
--To do other than treat “”firmly but fairly” can create a potentially disruptive situation within the prison. It could create a community of those who have, and those who don’t have, and encourage the development of an underground marketplace, as well as dissension among the inmates.

10. The Nature of Prisons: cont’d
Pains of imprisonment – deprivation of
Liberty – conviction is deliberate rejection by the community
Goods and services – “freedom of choice” greatly limited
Heterosexual relationships – lack of opportunity
Autonomy – dependence, as opposed to independence
Security – concern for personal safety

11. The Nature of Prisons: cont’d
Litigation can become a coping mechanism
Four possible reasons for inmate lawsuits:
Fact – justified reason
Frustration – feeling of no other option available
Fancy – feeling might be a “fun” thing to do, with nothing to lose
Fiction – an untruth, possible means for harassing staff member
--Regardless of reason, all litigation must be treated seriously – to do otherwise can have very detrimental results, including an adverse judgment against the person.

12. The Nature of Prisons: cont’d
Prison staff most vital component of prison management
Corrections staff must be trained in how to handle a variety of situations, how to supervise, and how to develop and use good interpersonal skills
--Failure to provide effective and sound training can lead to staff abuse of its power and authority. This, in turn, can increase tension within the prison, for both the inmates and the staff.

13. Section 1983 and the Constitution
Section most common means for taking legal action against prison officials
Section 1983 – used to establish most of the constitutional rights afforded to inmates
Wider scope of judicial review
Broader relief opportunities

14. Section 1983 and the Constitution: cont’d
Most important source of prisoners’ rights
U.S. Constitution, with the U.S. Supreme Court as the final arbiter and definer of constitutional provisions
--Appendix 5 (page 552) lists those constitutional provisions most frequently used in prisoner litigation.

15. Defenses: How Does the Corrections Worker Protect Himself?
No immunity against being sued
How to protect self
Follow policies and instructions of supervisors
Obtain, or provide, good training – one focus: areas where there are greatest exposures to constitutional liability
Become familiar with the law in that jurisdiction
Find a good mentor – the value of an “old hand”
Keep good records
--A main duty of legal counsel is to make sure that agency policies are constitutionally and statutorily sound.
--Even if you have a high level of educational training, when you first report to work – watch and listen, learn from those around you.

16. Inmate Grievances
Underlying concept – inmates will have complaints; a grievance system provides a uniform means for these to be considered
Methods may include
Mediation
Arbitration
Ombudsman
Hearing panels
Advisory groups
--The failure to provide a means of redress can result in the inmate having a feeling of frustration. This can lead to a new feeling – anger.

17. Inmate Grievances: cont’d
Most common method: written grievance system – written rules provide for
Opportunity for inmate to file
Time limits for filing and for receiving a response
Description of types of actions that may be the subject of grievances and those that may not
Emergency handling procedures
Safeguards against reprisals
At least one level of appeal of decision

18. Inmate Grievances: cont’d
Benefits of the written grievance system
Reduces frustration, provides inmate a means of recognition
Staff may identify problem areas, and those of inmate concern
Addresses as appropriate, without court intervention

19. Inmate Grievances: cont’d
Used properly, diffuses inmate hostility and resentment
Reduces likelihood of formal legal complaint
If lawsuits are filed, provides court with background information

20. Inmate Grievances: cont’d
Weaknesses of the inmate grievance system
May not provide all types of relief – money, injunctive relief not often available
May not cover some of the greatest complaints of inmates, such as disciplinary and medical
May have inmates trying to clog up system – “frequent filers”
Time limits may drag on
Inmate perception that relief is never given
--Like most programs, the success of the inmate grievance program depends on the positive intent of the administering staff and on the support of management.

21. Inmate Grievances: cont’d
Exhaustion requirement – many courts require the inmate to exhaust administrative remedies before she can file in court

22. Prison Litigation Reform Act (PLRA)
Signed into law in 1966 – codified in 42 USC § 1997e
Requires inmate to exhaust administrative remedies before filing suit with respect to prison conditions under Section 1983, or any other federal law
Chapter 5 has:
Page 88 – United States Court of Appeals for the District of Columbia Circuit – Prison Litigation Reform Act.
Appendix 5 (page 553) – United States District Court for the District of Columbia – Instructions for filing a Complaint by a Prisoner Under the Civil Rights Act, 42 U.S.C. § 1983

23. Prison Litigation Reform Act (PLRA): cont’d
Other limitations:
Frivolous, malicious, ill-founded suits could be dismissed without requiring exhaustion
Attorney fees were limited
No federal civil action could be filed by an inmate for mental or emotional injury while in custody without prior showing of physical injury
--Will discuss some of these later on in this text.

24. Prison Litigation Reform Act (PLRA): cont’d
To proceed in forma pauperis (without funds, and thus excused from paying court fees) would need to submit records showing a lack of funds in the inmate’s prison account
Court orders for relief from prison conditions strictly limited
Consent decrees were limited in the scope of relief
Limited use and authority of special masters in prison cases

25. Prison Litigation Reform Act (PLRA): cont’d
Objective – to reduce the volume of state prisoner rights suits brought in federal courts

26. Prison Litigation Reform Act (PLRA): cont’d
Exhaustion requirement:
Booth v. Churner (2001) – Court said an inmate must complete a prison administrative process capable of addressing the inmate’s complaint and providing a form of relief, even if that process provides no monetary relief
The focus is exhaustion of “processes,” not the forms of relief

27. Prison Litigation Reform Act (PLRA): cont’d
Porter v. Nussle (2002) – Court held PLRA’s exhaustion requirement applies to all inmate suits about prison life
An undecided aspect: whether non-exhaustion is a defense (affirmative) that must be raised and proved by the defendant official – currently there is a “split” in the circuits
--9th Circuit (Wyatt v. Terhune ) stated that non-exhaustion was a defense that must be raised and proved by the defendant official; the 6th Circuit (Brown v. Toombs – 1998) requires the inmate to state that he has exhausted all available remedies.

28. Prisoners’ Rights
If corrections worker finds self involved in lawsuit, despite efforts described in this chapter, steps discussed in Chapter 4 are important
Obtain representation
Cooperate in all stages of legal case
Knowledge of law by staff is important, both local law and constitutional requirements
Box 5-1 (page 81) - Articles of Amendment to the Constitution of the United States.