Penology, CJ 207

1. Penology, CJ 207 Chapter 11 Corrections Law and Inmate Litigation

2. Objectives • Objectives • Provide a brief history of inmate litigation • Illustrate some case law dealing with probation and parole • Understand the range of issues presented in inmate lawsuits • Show the legal dimensions of the death penalty • Anticipate some future issues that may arise in correctional law

3. Introduction • Introduction • Prisons have traditionally been closed systems • It has been difficult for the outside world to learn about conditions inside the prison • This is partly because of there geographic isolation • Moreover the public really didn’t want to know about what went on inside prisons

4. Introduction • The Change • The Attica Prison Riot in 1971 • The riot at the Penitentiary of New Mexico • Both of the above incidents informed policy makers and private citizens that something was wrong in the nation’s prisons

5. Introduction • The Change • According to Rhodes “What was wrong was endemic to all secure facilities in the country • Rising inmate populations • Aging prison facilities • Restrictive state budgets

6. Introduction • The Change • What could be done about it? • Lawsuits • Holt v. Sarver (1970) • Pugh v. Locke (1976) • Challenged a broad range of prison conditions

7. Introduction • The Change • By June 2000 • 357 state and private facilities were under court orders or consent decree to improve the general conditions of confinement or limit their populations

8. The History of Inmate Litigation • The Hands Off Period (1871-1963) • Ruffin v. Commonwealth (1871) • The court held that prisoners are slaves of th estate and so have no more rights than slaves do • Offenders suffered a “Civil Death” • Prisoners forfeited some if not all of their citizenship rights • This non-person status allowed courts to ignore inmates pleas (Hands Off Approach)

9. The History of Inmate Litigation • The Hands Off Period (1871-1963) • Ruffin v. Commonwealth (1871) • The Courts justification • The court was reluctant to involve itself in individual state issues • The justices had little if any corrections expertise • The security of the prisons, intervention would interfere with safety issues in the prison

10. The History of Inmate Litigation • The Rights Period (1964-1978) • In the 1060s attitudes were changing in the U.S. • Civil rights were being claimed by a number of groups • Racial minorities, women, resident aliens, persons with handicaps • Several of these groups had filed and won lawsuits to change their social conditions • Based on this courts became more receptive to these types of suits

11. The History of Inmate Litigation • The Rights Period (1964-1978) • Prisoner Rights were being recognized • Monroe v. Pate (1961) • Simplified the procedure for suing state officials in federal courts for alleged violations of constitutional rights

12. The History of Inmate Litigation • The Rights Period (1964-1978) • Prisoner Rights were being recognized • Cooper v. Pate (1964) • Challenged the free exercise of religion by Black Muslim prisoners • The Civil Rights Act of 1971 (42 USC 1983) provided an appropriate mechanism by which to challenge states actions

13. The History of Inmate Litigation • The Rights Period (1964-1978) • The Supreme Court was willing to take a “Hands-On” approach to state prisoner litigation • State prisoners could now challenge confinement by: • A Writ of Habeas Corpus • A Civil Rights Claim • AKA a Section 1983 Suit

14. The History of Inmate Litigation • The Deference Period (1979-Present) • Bell v. Wolfish (1979) • The Court ruled in favor of inmates on one issue but in favor the corrections department in four issues • Now inmates would lose on most prisoners’ rights issues • Only the most blatant violations of prisoner rights result in victories

15. Inmate Litigationand Postconviction Relief • Access to the Courts • Habeas Corpus appeals allege that their confinement is unjust and that the state should demonstrate why their incarceration should continue • Challenge the legality incarceration

16. Inmate Litigationand Postconviction Relief • Access to the Courts • Between 1962 and 1963 the Court ruled on three cases that expanded Habeas Corpus relief • Townsend v. Sain • Fay v. Noia • Sanders v. U.S. • As a result the number of Habeas Corpus based lawsuits from 1980 to 2000 increased 204% • Tripled

17. Inmate Litigationand Postconviction Relief • Access to the Courts • Other alleged state deficiencies • Ineffective assistance of counsel • Due process concerns • Trial court error • Fifth Amendment protections • Detention and punishment concerns • Prosecutor misconduct • Police misconduct • Charges to the jury

18. Inmate Litigationand Postconviction Relief • Access to the Courts • Between 1980 and 2000 civil rights claims by state inmates increased more than 97% • To file a Section 1983 action: • The defendant must be a person • The defendant must be acting under color of law • The injury to the inmate must involve a violation of a protected right • The defendant must have been personal involved • An exception is “Vicarious Liability”

19. Inmate Litigationand Postconviction Relief • Access to the Courts • Vicarious Liability can fall under two circumstances • Failure to train • Failure to supervise • The supervisors failure to train or supervise caused the injury

20. Inmate Litigationand Postconviction Relief • Access to the Courts • Why did lawsuit increase? • Rapid expansion of U.S. prisons populations • Inmates filed more lawsuits

21. Inmate Litigationand Postconviction Relief • Access to the Courts • In 1980, Congress passed the Civil Rights of Institutionalized Persons Act (CRIPA) • The intent of the law was to reduce the number of Section 1983 claims filed by state inmates by requiring prisoners to exhaust all state administrative remedies before filing a federal suit

22. Inmate Litigationand Postconviction Relief • Access to the Courts • In 1996, Congress passed the Prison Reform Litigation Act (PRLA) • The intent of the law was to reduce the number of appeals in federal courts by inmates • Required inmates to pay appropriate appellate fees • Didn’t take away their ability to file (forma pauperis [indigent]), but couldn’t claim poverty if a previous lawsuit was dismissed as frivolous or malicious

23. Inmate Litigationand Postconviction Relief • Legal Assistance and Legal Access • Johnson v. Avery (1969) • Centered on a prison regulation that prohibited inmates form giving one another help • This banned jailhouse lawyers or writ writers • The knowledge or writ writers gave them power over other inmates and this concerned administrators • Only prohibited the above if the state did not supply legal assistance to inmates

24. Inmate Litigationand Postconviction Relief • Legal Assistance and Legal Access • Bounds v. Smith (1977) • The Court extended the states’ responsibility to provide legal aid to inmates • Now inmates must have meaningful legal access • An adequate stocked law library within the institution or • Legal assistance or a paralegal or attorney

25. Inmate Litigationand Postconviction Relief • Legal Assistance and Legal Access • Bounds v. Smith and Johnson v. Avery • The Court made it clear that the effective assistance of counsel could well be one of the Constitution’s most fundamental due process rights

26. Laws & Litigation/Probation and Parole • Laws & Litigation/Probation and Parole • Mempa v. Rhay (1967) • The right of an accused, to be represented by an attorney is not confined to the trial alone • Counsel is required at every stage where substantial rights or the accused may be affected • Sentencing and the revocation of probation, qualifies as a critical stage

27. Laws & Litigation/Probation and Parole • Laws & Litigation/Probation and Parole • Morrissey v. Brewer (1972) • The state of Iowa believed that parolees do not enjoy a basic right to conditional release from prison, rather parole is a privilege extended by the executive branch of government • The Court stated parole is an integral part of correctional practices and occurred too regularly to be considered a privilege

28. Laws & Litigation/Probation and Parole • Laws & Litigation/Probation and Parole • Morrissey v. Brewer (1972) • The Court stated the parole revocation hearing should be a two step process: • The arrest and preliminary hearing • The revocation hearing

29. Laws & Litigation/Probation and Parole • Laws & Litigation/Probation and Parole • Morrissey v. Brewer (1972) • And the parolee should have the following rights • Written notice of the alleged violation • Disclosure of evidence against the parolee • Opportunity to be heard in person, present witnesses and documentary evidence • Right to confront and cross examine adverse witnesses

30. Laws & Litigation/Probation and Parole • Laws & Litigation/Probation and Parole • Morrissey v. Brewer (1972) • And the parolee should have the following rights • Heard by a neutral and detached hearing body • A written statement of thefact finders concerning the evidence relied on and the reasons for revoking parole • But the government doesn’t have to provide counsel

31. Laws & Litigation/Probation and Parole • Laws & Litigation/Probation and Parole • Gagnon v. Scarpelli (1973) • Probationers should have the following rights • Notice of alleged probation violations • Preliminary hearing to decide if probable cause exists • The opportunity to appear, present witnesses and evidence • The opportunity to confront witnesses/evidence

32. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • The two most common causes of inmate litigation are: • Crowding • Visitation/mail/telephone policies

33. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Crowding • The appellate courts have never held that crowding itself is an issue • But crowding affects many aspects of prison operation • Prisons are filled beyond operational capacity • In Texas the whole prison system is under court order because of persistent overcrowding

34. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Crowding • Bell v. Wolfish (1979) • The Supreme Court ruled on the constitutionality of double bunking • “double bunking” does not necessarily constitute cruel and unusual punishment

35. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Medical Care • Corrections officials felt they could save money by cutting services • Many correctional facilities have been staffed with physician’s assistants or inmates who were “medical technicians” • Today a physician visits the facility on a regular basis and is on call supplemented by nurses…

36. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Medical Care • Estelle v. Gamble (1976) • Established the standard of “deliberate indifference” • If corrections officials knew but did nothing about an inmate’s physical or medical condition and that the failure to act had a long term effect on the inmate’s condition

37. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Food • Cooper v. Pate (1964) • States must consider inmates special dietary needs, religious or medical • Ex. Muslims do not eat pork which is one of the most common items in prison diets

38. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Fire • Fire standards: • Fire extinguishers • Flame retardant materials in inmates clothing and bedding

39. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Staffing • Inmates have petitioned for additional custodial and treatment staff to meat safety and service levels • Inmates have also questioned deployment of staff • The Court has refrained from telling corrections officials how to use their staff

40. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Inmate Programs and Services • Education, recreation and general llibrary services • Prison time is unproductive • Education and recreation programs can make the facility run smoother

41. Issues Raised by Corrections Lawsuits • Issues Raised by Corrections Lawsuits • Institutional Governance • Visiting and correspondence policies, administrative segregation, classification policies, discipline and grievances • Institutions may discipline inmates for infractions of the rules, but there must be a process of reviewing complainants

42. Recent Trends in Inmate Litigation • Gender and Staff • Lee v. Downs (1981) • Could a female inmate, while being examined by a doctor, be forced to remove her clothing in the presence of male Cos? • Because the inmate was willing to remove her clothes, if the male officers would withdraw, this was a violation of her constitution right to privacy

43. Recent Trends in Inmate Litigation • Gender and Staff • Timm v. Gunter (1990) • Male inmates stated that their rights were violated when female officers saw them showering, using toilet facilities, dressing and sleeping • The Court held that opposite sex surveillance of male inmates, performed on the same basis as same sex surveillance, is not unreasonable

44. Recent Trends in Inmate Litigation • Sexually Explicit Materials/Internet • Ramirez v. Pugh (2004) • The BOP has a policy that prohibits inmates from possession or displaying nude pin-up photos in their cells and from receiving magazines of sexually explicit nature • An inmate challenged the BOP restriction against receiving sexually explicit material • The BOP policy was upheld

45. Recent Trends in Inmate Litigation • Sexually Explicit Materials/Internet • Currently no state allows inmates to have direct access to the internet • Inmates have access to the internet • Personal visits • Letters • Phone calls • MySpace.com

46. Recent Trends in Inmate Litigation • Smoke Free Environment • Environmental tobacco smoke is a potential health risk • Inmates cannot choose their cellmates • In Helling v. McKinney (1993) the Court recognized the potential harm that might result from exposure to environmental tobacco smoke and noted that actions should be taken to reduce or eliminate that harm

47. Recent Trends in Inmate Litigation • Excessive Force • Hudson v. McMillian (1992) • Hudson was taken from his cell in handcuffs and was assaulted by officers during transportation • Was this cruel and unusual punishment? • Although Hudson did not sustain injuries the Court decided that the officers actions were malicious and sadistic and violated Hudson’s Eighth Amendment protections

48. Recent Trends in Inmate Litigation • The Impact of Inmate Litigation • Harris and Spiller, prison lawsuits have four outcomes • Qualitative improvement in the prisons cited in the suits • The suits have not undermined the states authority • The suits have not created “country club” prisons • Federal judges have not taken over the day to day administration of the prisons

49. Recent Trends in Inmate Litigation • The Impact of Inmate Litigation • There are Pros and Cons of lawsuits • There are positive changes • It opens the doors for other lawsuits that may be without substance • Most lawsuits are won by the administration

50. Capital Punishment and Prisoner Litigation • Capital Punishment • There are more than 3,200 prisoners currently on death row • Remember in Furman v. Georgia (1972) the Supreme Court struck down the death penalty in Georgia and most states as unconstitutional because of the overly broad jury discretion