Dr. Alissa R. AckermanUniversity of

Washington, Tacoma

A GENERAL VIEW OF PRISONERS’ RIGHTS

“As a consequence of his crime [he] not only forfeited his liberty, but all his personal rights except those which the law in its humanity accords him. He is for the time being the slave of the State”

Ruffin v. Commonwealth of Virginia (1871)

“A variety of rights and privileges are lost upon conviction of a crime…virtually all of an offenders’ activities may be subject to regulation by correctional officials, particularly in institutions. He has no absolute right to see friends or relatives or to do any of a multitude of things that the rest of society takes for granted. Yet it is inconsistent with our whole system of government to grant such uncontrolled power to any officials, particularly over the lives of persons. The fact that a person has been convicted of a crime should not mean that he has forfeited all rights to demand that he be fairly treated by officials.”

The Presidents Commission on Law Enforcent Administration of Justice (1967)

No Longer “Hands-off”

Monroe v. Pape (1961) – SC “ by passing CRA of 1871, Congress intended to provide remedy to parties deprived of constitutional rights, privileges, and immunities by an official’s abuse of his position.”

Wolff v. McDonnell (1974) – SC “…A prisoner is not wholly stripped of constitutional protections when he is imprisoned for a crime. There is no iron curtain drawn between the Constitution and the prisoners of this country.”

The Purpose of Prisons: Protecting the publicProviding a safe and humane environmentProviding inmates with opportunities for

self-improvement

THE NATURE OF PRISONS

SupermaxMaximum SecurityMedium SecurityMinimum SecurityDetention Facilities

TYPES OF PRISONS

PAINS OF IMPRISONMENT ~ GRESHAM SYKES

Deprivation of LibertyDeprivation of goods and servicesDeprivation of heterosexual relationshipsDeprivation of autonomyDeprivation of security

Inmate self-concept

Coping mechanisms – keeping one’s mind active Litigation

Fact – a real reasonFrustration – feels there is no other optionFancy – litigation might be “fun”Fiction – it’s not true!

DEPRIVATIONS AFFECT LITIGATION

• Response to inmate• Sense of recognition• Reduce frustration

Informal means of handling problem• Less violence• No direct confrontation• No court

INMATE GRIEVANCES

Adopted almost universally throughout the U.S.Published rules for the written grievance system.

1.Opportunity for ANY inmate to file a written grievance2.Time limit for filing the grievance and responding to it3.Description of actions that can be the subject of a

grievance4. Emergency handling of certain complaints (medical or

personal injury)5. Safeguards against reprisals taken against inmates

who use the grievance system6. At least one level of appeal from initial disposition of

the complaint

WRITTEN GRIEVANCE SYSTEM

The Goods

Gives agency chance to address issue with management and operation internally

Alerts staff to problems in the institutionSpotlights matters of greatest inmate concernMay point out an individual officer or isolated activity

Diffuse resentment and hostility

If a lawsuit occurs – provides a record for the attorney and the court Provides a statistical basis to assess programs, policies, or activities

The Not-So-Goods

Success depends on the intent of the staff who deal with the grievance system

The only relief is a “corrective action”No monetary awardsDoesn’t cover the greatest inmate complaintsInmates try to undermine system

Time limits to reply drag on Inmates may feel that corrective relief is never given

THE PRISON LITIGATION REFORM ACT - - REVERSING

THE LIBERAL TREND

Several changes to prisoner litigation in federal court No actions shall be brought… until such administrative

remedies as are available are exhausted Frivolous suits could be dismissed without requiring exhaustion of

other remedies No civil action can be filed by an inmate for mental or emotional

injury while in custody – unless a prior showing of physical injury In forma pauperis (without funds) must submit records showing

lack of funds to avoid having to pay filing fees Orders for relief from prison conditions strictly limited to correct

the violation of rights shown by the particular individual

Did PLRA do what it intended to do? What was the “prisoners’ rights era?” What is a “right?” What is a privilege?

Safety? Medical Care? Food? Access to court? Law library? Shelter? Religion? Recreation? Visits? Conjugal visits? Phone Calls? Packages?

Minimum standards? Personal hygiene Overcrowding