NCJ Number
12715
Journal
Texas Law Review Volume: 51 Issue: 7 Dated: (NOVEMBER 1973) Pages: 1364-1410
Date Published
1973
Length
46 pages
Annotation
REVIEW OF THE EVOLUTION OF PRISONER CONTITUTIONAL RIGHTS AND HABEAS CORPUS AND CIVIL RIGHTS ACT CHALLENGES ALONG WITH AN ANALYSIS AND CRITIQUE OF THE 1973 SUPREME COURT CASE LIMITING CIVIL RIGHTS ACTIONS FOR PRISONERS.
Abstract
RECENT HISTORY HAS WITNESSED THE DEMISE OF THE 'HANDS OFF' DOCTRINE, THE REMARKABLE CONCURRENT EXPANSION OF FEDERAL HABEAS CORPUS, AND THE ADVENT OF PRISONERS' RIGHT OF ACTION AGAINST STATE CORRECTION OFFICIALS UNDER THE CIVIL RIGHTS ACT OF 1871. IN GENERAL, RESPONSE TO THE RESULTING ABUNDANCE OF PRISONER LITIGATION HAS BEEN NEGATIVE - THE SUITS NUMBER TOO MANY, THE GREAT BULK ARE FRIVOLOUS, THE FEW THAT SUCCEED PALE INTO GROWING FEDERAL -STATE ANTAGONISM. BROADLY SPEAKING, THE PROBLEMS UNDERLYING MOST OF THE CRITICISM ARISE FROM DIFFERENCES OVER THE SCOPE, EFFECT, AND JURISDICTIONAL PRIORITY OF TWO PREEMINENT CONGRESSIONAL REMEDIAL GRANTS. CONFRONTING THE CRITICS' CHALLENGES PLUS THE RESPONSIBILITY FOR A SERIES OF RATHER CRYPTIC EARLIER OPINIONS, THE SUPREME COURT IN 1973 REACKNOWLEDGED THE OVERLAPPING FEATURES OF FEDERAL HABEAS CORPUS AND SECTION 1983 RELIEF IN STATE PRISONERS' SUITS. YET, UNLIKE PREVIOUS CASE, THE COURT IN PREISER V. RODRIGUEZ ATTEMPTED TO ENFORCE BASIC POLICIES OF FEDERALISM AND PROVIDE BREATHING ROOM TO OVERWORKED DISTRICT COURTS BY INARTFULLY CONTRACTING THE EXERCISE OF FEDERAL JURISDICTION IN ONE LOOSELY-DEFINED CLASS OF CASES. IT SEEMS ALMOST CERTAIN THAT THE COURT'S DECISION, BASED OSTENSIBLY ON THE NEED TO FORESTALL CONFLICT BETWEEN THE TWO STATUTES, WILL PROVOKE INEQUITABLE AND DUPLICATIVE TREATMENT OF PRISONERS' FEDERAL CLAIMS, IN TURN AGGRAVATING RATHER THAN RELAXING THE PROBLEMS OF JUDICIAL OVERBURDEN AND INTERSOVEREIGN FRICTION. (AUTHOR ABSTRACT)