Impact of Section 1983 Litigation on Policymaking in Corrections - A Malpractice Lawsuit by Any Name Would Smell as Sweet

• NCJ Number: 81312
• Journal: Federal Probation Volume: 45 Issue: 4 Dated: (December 1981) Pages: 17-23
• Author(s): C McCoy
• Date Published: 1981
• Length: 7 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

This article examines the impact of 1983 litigation by prisoners on the actions of correctional administrators. It looks at trends in prisoners' rights litigation and attempts to ascertain whether the administrative response has actually resulted in changes in prison conditions and administration.

Abstract

Section 1983 of Title 42 of the U.S. Code, originally passed in 1871 as a measure against the Ku Klux Klan, is now used by prisoners to challenge the administration of the State institutions in which they are housed. The article notes that case law from the 1960's and 1970's aimed for systematic reform of correctional facilities. Although the worst prison abuses ended as a result, judicial intervention was not directed toward the creation of ideal or even progressive programs; the scope of the relief was confined to the issues presented directly in the litigation. Remedies for unconstitutional treatment have included the 'monitoring model,' whereby courts oversee institutional operation until it is found suitable, and the 'money model,' in which prisoners sue correctional personnel for money damages. Analysis of the court records of the Southern District Court of Ohio during the years 1975-80 indicated that the volume of prisoner litigation rose steadily until 1980, and then dropped sharply and that most cases filed were money model cases. Such cases use as much court time and thus presumably cause as much concern to correctional administrators as do monitoring model cases. Although the monitoring model cases were statistically insignificant, they could have had substantial impact. The fact that the total number of prisoner litigation cases dropped in 1980 may indicate that substantial improvements had been made in Ohio's prisons and jails during the years 1978 and 1979. These improvements may have been made in response to prisoners' litigation. One change made in Ohio corrections that seems to fit this hypothesis was the institution of grievance mechanisms, which came about at the time that money model litigation was heaviest. Footnotes, two tables, and a graph are included.