Part II Constitutional Law of Corrections

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

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

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

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”

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

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

13. Section 1983 and the Constitution • Section 1983 - 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

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

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

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

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

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

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

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