Challenging the Conditions of Prisons and Jails

<p>This Discussion Paper seeks to furnish systematic data on litigation under Section 1983 of the U.S. Code which the U.S. Supreme Court has interpreted to permit prisoners to sue correctional officials in Federal court when the conditions of confinement fail to meet constitutional standards. Section 1983 litigation represents 1 in 10 of the civil cases filed in U.S. district courts.<br><br>This profile of such lawsuits examining more than 2700 cases disposed of in 1992 in 9 States (Alabama California Florida Indiana Louisiana Missouri New York Pennsylvania and Texas) shows that 95% of cases result in dismissals 4% result in stipulated dismissals or settlements and 2% result in trial verdicts (of these less than 1/2 of 1% result in a favorable verdict for the prisoner). Half the cases last 6 months or less because they fail to meet Section 1983 requirements. In cases lasting 6 to 12 months the percent of issues the court dismissed decreases with a corresponding increase in stipulated dismissals and successful defendants' motions to dismiss a relative decrease in cases challenging convictions and sentences and an increase in the relative number of cases concerning inadequate medical treatment lack of due process and denial of access to the courts. In cases surviving up to 2 years issues of physical security become more frequent; the cases are more likely to have appointed counsel and evidentiary hearings; and successful prisoner litigation becomes more likely with both settlements and verdicts resulting in financial awards to prisoners.<br><br>The authors Hanson and Daley of the National Center for State Courts state that (1) cases that lack an adequate basis in law or fact should be resolved through State administrative grievance procedures instead of through litigation in the U.S. courts and (2) under the Civil Rights of Institutionalized Persons Act of 1980 intended to resolve prisoners' grievances through State administrative procedures the U.S. Attor</p><p>This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact and remains as true to the original work as possible. Therefore you will see the original copyright references library stamps (as most of these works have been housed in our most important libraries around the world) and other notations in the work.</p><p>This work is in the public domain in the United States of America and possibly other nations. Within the United States you may freely copy and distribute this work as no entity (individual or corporate) has a copyright on the body of the work.</p><p>As a reproduction of a historical artifact this work may contain missing or blurred pages poor pictures errant marks etc. Scholars believe and we concur that this work is important enough to be preserved reproduced and made generally available to the public. We appreciate your support of the preservation process and thank you for being an important part of keeping this knowledge alive and relevant.</p><br>