Chapter 10

1. Chapter 10 The Legal Rightsof Offenders

2. Legal Rights of Offenders • Inmate access to courts • Growth of court intervention in prison administration • Constitutional bases of inmate rights • 1st, 4th, 8th and 14th amendments • Inmate lawsuits and their control

3. Inmate Access to Courts • 1941 Ex Parte Hull: prisons cannot censor inmate petitions to courts • No enforcement of decision until 1969 • Johnson v. Avery: state can limit but not ban activities of “jailhouse lawyers” • Slaves of state doctrine (Ruffin v. Commonwealth, 1871) in VA Supreme Court justified hands-off era

4. Inmate Lawsuits • Section 1983 of Civil Rights Act of 1971 • Habeas Corpus: “you have the body”; challenges legality of imprisonment • Monroe v Pape, 1961: prisoners can bypass state courts if constitutional rights involved • Bounds v Smith, 1977: legal assistance must be provided to inmates

5. Limitations on Inmate Lawsuits • Lewis v. Casey, 1996: law libraries, etc., not required by Bounds • Prisoners must show actual harm to sue • Security concerns can limit access • O'Sullivan v. Boerckel, 1999: state courts must hear suits before federal courts are accessed

6. The Demise of the Hands-Off Era • Holt v. Sarver, 1971: court took over Arkansas Prisons – series of 8th amendment suits followed • Cruelties of building tenders violated 8th amendment ban on cruel and unusual punishment • Pugh v Locke, 1976: “Totality of Conditions” • Hutto v. Finney, 1978: added two conditions • Each factor creating the conditions must be listed • Steps to correct each must be specified

7. Ruiz v. Estelle, 1981 • Overcrowding a violation of 8th amendment • Federal court took over Texas system for almost 12 years • Use of building tenders banned • These cases had little impact on state spending – funds use and practices changed • Reports of violence increased as building tenders lost control to CO's

8. The End of the Hands-On Era • Bell v. Wolfish, 1979: permitted wide use ofstrip searches and double celling • Restrictions must serve a legitimate government purpose, cannot be merely punitive • Rhodes v. Chapman, 1981: 8th amendment violated if: • pain was inflicted unnecessarily or wantonly, or • was grossly disproportionate to crime

9. One-Hand On, One-Hand Off Era • Slaves of State, other “hands-off” era doctrines rejected • Court micro-management of prisons ceased • Limited prisoner rights upheld • State security, budgetary concerns supported

10. First Amendment Protections • Freedom of religion, especially beliefs • Freedom of speech, especially political and legal • Freedom of the press – limited press access (rights of press, not inmates) • Right to assemble – security issues virtually eliminate right to assemble, form unions

11. Inmate Religious Freedoms • Discrimination based on religion illegal • Legitimacy of groups judged on basis of: • Sincerity of believers • Age of doctrines • Similarity of other religions • Financial and security costs of practices

12. Limitations on Religion • Threatens security or discipline • Interferes with legal powers of discretion • Contradicts a reasonable rule • Poses an excessive financial burden These leave religious practices largely in the hands of institutional authorities

13. Speech • Libel, conspiracy, threats, obscenity always illegal • Speech that causes undue alarm can be punished • Mail restricted and inspected unless addressed to lawyer or court

14. Turner v. Safley, 1987 (Began as a mail case) A rule is reasonable if: • It has a valid connection to the government interests used to justify it; • Inmates have other means to access the right in question • The right significantly impacts staff, resources or inmates and • There are no alternative means of achieving the goals of the rule

15. Freedom of the Press • Political statements cannot be censored • Other publications cannot be banned unless they threaten security, safety • Topics that threaten treatment can be prohibited • No right to profit from stories of crime • Proceeds usually go to state treasury or victims' funds

16. Fourth Amendment Rights Privacy rights set by balance of: • Expectations of privacyin a particular situation or setting • Government need to conduct the search “Reasonable suspicion” required unless search is a universal practice for place or group; punitive use of searches prohibited

17. Reasonableness of a Search • Privacy expectations and location of search • Level of justification(reasonable suspicion vs. probable cause) • Manner in which search is conducted • Routine nature of search vs.singling out a specific person • Latter requires reasonable suspicion

18. Probation andParole Applications • Greater than prison but restricted expectations still apply • Written agency policy or condition of liberty can permit routine (warrant less) searches of homes, cars and persons by PO's(Griffiths v. Wisconsin, 1987) • Police searches of probationers/parolee'sand their homes permitted with reasonable suspicion

19. Eighth Amendment Rights Illegal conditions of confinement: • Shock the conscience of the court or violate public standards of decency • Wantonly inflict unnecessary pain(use of force) • Are grossly disproportionate to crime • Demonstrate deliberate apathy to basic human needs (safety and medical care)

20. Obligation to Protect • Detention, custody restrict or remove personal power to protect self • State and its officials become responsible for safety • Specific threats to particular persons and general conditions • Injury must result from neglect to justify a Section 1983 suit

21. Medical Care • Estelle v. Gamble, 1976: Suits must show “deliberate indifference” to needs by officials • Wilson v. Seiter, 1991: Suit must show “culpable state of mind” • These decisions made it very hard to sue over medical care and health effects of ventilation, and so on

22. Use of Force • Officials can apply only the “minimal reasonable force” required to accomplish legitimate goal • Whitley v Albers, 1986: good faith defense • Hudson v. Macmillan, 1992: malicious and sadistic acts justify suit even without lasting injury

23. Fourteenth Amendment Rights • Suits based on 1st, 4th, and 8th Amendments often use 14th as well • Two clauses in 14th Amendment: • Due process under law – standard procedures required to deny liberty • Equal Protection for all regardless of race, gender, ethnicity, religion

24. Punishment ofDisciplinary Violations Due process required: • Written notice of charge(s), evidence • Hearing by impartial person or group • Written justification required if inmate's request to call witnesses are denied • No right to jury • Right to counsel only for mentally impaired or those who cannot understand proceedings

25. Due Process Issues • Confidential informants can remain unnamed if authorities can demonstrate their trustworthiness • Minor violations carry less need for due process • Justifications of process and decisions must be made to courts not inmates • Classification and transfers not grounds for suits • State created liberty interests can extend beyond federally enforced rights, tested in state courts

26. Forcing Medications • Applies mainly in psychiatric cases • Authorities must show that: • The inmate is dangerous to self or others • Use of the medication is in inmate's best interests • Due process has been followed and case reviewed by experts

27. Equal Protection under Law • Group memberships not based on behavior cannot be used to justify differential treatment • Parity, or substantial equivalence, required for men and women as well as inmates at different security levels

28. Controlling Inmate Suits • Retaliation for legal action always illegal • Access to courts can be limited ONLY by the court itself or the legislature • Legal costs can be charged to plaintiff if court finds suit to be frivolous • Courts can impose fees, other conditions on inmates to limit suits

29. Prison LitigationReform Act of 1996 • Filing fees required for all federal suits • Limits attorney's fees and damage awards • Bars suits for psychological harm in absence of physical injuries • Forces judges to screen suits, block frivolous ones • Encourages use of video, telephone links