Administrator's Guide to Conditions of Confinement Litigation

• NCJ Number: 77513
• Author(s): W C Collins
• Date Published: 1979
• Length: 26 pages
• Grant Number(s): AL-1
• Sponsoring Agency: National Institute of Corrections
• Corporate Author: American Correctional Association
• Sale Source: American Correctional Association; National Institute of Justice/
• Language: English
• Country: United States of America
• Note: ACA Correctional Law Project

Annotation

This monograph is intended to increase a sheriff's or correctional administrator's understanding of lawsuits which attack overall conditions of confinement in a jail, prison, or an entire correctional system.

Abstract

This work should enable the administrator to better understand the factual situations which may lead to a conditions suit, the law relating to such suits, and the impact of such cases. Through such understanding, some litigation may be avoided or, if unavoidable, may be dealt with causing as little disruption as possible while increasing the chances for successful resolution. Major topics considered in the work include conditions of confinement, overcrowding, other suit conditions issues, standards, case strategy, discovery, attorneys' fees, legislative involvement, and relief. Conditions of confinement lawsuits may challenge virtually any practice or condition affecting a jail or prison inmate. Although the primary issue in such suits is overcrowding, it is not the only issue that may be raised. Such suits may contain allegations about problems which may individually be constitutionally insignificant but are still relevant in evaluating the overall quality of a facility. Frequently, the starting point for a court's evaluation of a facility will be the degree to which it meets or fails to meet relevant professional standards and governmental codes, such as public health codes. If a court finds a constitutional violation, it has broad powers to order what it feels is appropriate relief. In defending a conditions case which may go into a relief phase, it may be as important for defendants to demonstrate that they are committed to and capable of making improvements in institutional conditions as it is to win portions of the case. Courts will frequently turn to a special master to help in monitoring and implementing a complex relief order. Finally, conditions cases can be expensive. The monograph includes 27 footnotes. (Author abstract modified)