NCJ Number
169949
Journal
Journal of Criminal Justice Volume: 25 Issue: 6 Dated: (November/December 1997) Pages: 501-515
Date Published
1997
Length
15 pages
Annotation
This research analyzes the decisions of correctional civil liability cases litigated under Section 1983 of Title 42 of the U.S. Code for the years 1970 through 1994.
Abstract
Prisoners may file lawsuits in both Federal and State courts under the Civil Rights Statute Title 42 Section 1983 for deprivation of constitutional rights. This analysis examines 3,205 published Federal court correctional liability cases brought against correctional personnel in penal and local jail facilities. Longitudinal trends, patterns, prevailing parties, common types of lawsuits filed, and damages, along with attorney fees awarded are discussed, based on the content analysis classification scheme. The analysis identified 16 major correctional topic areas where prisoner litigation is likely. They are medical care, access to courts, discipline, administrative liability, conditions of confinement, failure to protect, use of force, classification, religion, searches, administrative segregation, cruel and unusual punishment, mail, speech, mental health, and facilities conditions. The trend over the 25-year period shows that as the number of lawsuits filed increased, the winning percentage for prisoners has decreased since 1989. The trend for filing lawsuits by prisoners may significantly decline, however, due to the passage of the Prison Litigation Reform Act. The law restricts prisoners lawsuits and imposes time limits on relief granted to prisoners. Correctional administrators should focus on the training of new officers and continuing training for in-service personnel as a primary means of limiting correctional civil liability cases. Areas that continue to be problematic are administrative liability, the use of force, and failure to protect. 5 tables, 26 references, and a list of cases cited