NCJ Number
130065
Journal
Florida State University Law Review Volume: 16 Issue: 4 Dated: (Spring 1989) Pages: 933-962
Date Published
1989
Length
30 pages
Annotation
This article presents an overview of how the courts will most likely apply 42 U.S.C. 1983 in suits brought by inmates in correctional facilities being managed on behalf of State and local government by private corrections firms.
Abstract
The article first reviews the historical development of section 1983, which protects citizens against States' unlawful deprivation of their rights. Following an analysis of some of the fundamental aspects of section 1983 jurisprudence, the article addresses whether and under what circumstances the conduct of private corrections firms will be deemed State action, thereby qualifying the firms as section 1983 defendants. The discussion then turns to the immunity defenses now available to public-sector employees and examines whether private correctional employees are likely to have access to any of these defenses. The article illustrates the circumstances under which an inmate injured in a private corrections facility may be able to sue the contracting unit of government. The article concludes that whether inmates will be able to bring section 1983 actions against a private correctional facility will depend on whether the conduct of the private facility is deemed State action and therefore action under color of State law. 188 notes