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Constitutional rights of prisoners
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Table of Contents
From the Book - Ninth edition
1. An overview of the judicial system
Introduction
The Constitutional framework
Separation of powers
Limits on Executive Power
The American Common Law
Equity as part of the Common law
Role of Case Law
The American Court structure
The trial
The burden of proof
The appeal
Anatomy of a case
Citations
2. Administrative law
Administrative discretion in the prison context
Control of discretionary power
General principles
Legal effect
3. Use of force : use of corporal punishment to enforce prison discipline
Introduction
Degree of force permitted
Self-defense
Defense of third persons
Enforcement of prison rules and regulations
Prevention of crime
Prevention of escape
The use of corporal punishment to enforce prison discipline
Brief history of corporal punishment
Is corporal punishment rational?
Judicial treatment of corporal punishment
Punitive damages
Restraints
alternatives to corporal punishment
Conclusion
4. Prisoners' rights to visitation/association
Searches
Introduction
Pretrial detainees
Communication among prisoners and union formation
Conjugal visitation
News media interviews
Attorney representatives
Searches of visitors
Searches of prisoners
Juveniles
Conclusion
5. Prisoners' rights to use of the mail, internet, and telephone
Introduction
The general right to control a prisoner's use of the mail system : the traditional approach
The new approach
Communication with the Courts
Censorship of communication with Courts
Communication with attorneys
Censorship of communication with attorneys
Communication with nonjudicial public officials and agencies
Communication with news media : prisoners' right to use the mail to contact news media
Communication with inmates in other institutions
Receipt of inflammatory material
Receipt of obscene material
Receipt of racially oriented newspapers and magazines
Use of mail lists
Receipt of books and packages from outside sources
Mail in maximum-security prisons
Use of the internet
Use of the telephone
Conclusion
6. Isolated confinement : "the hole" and administrative segregation
Introduction
Intervention by the Courts
Application of the Eighth Amendment
Constitutionality of the use of isolated confinement
Constitutionality of the conditions of isolated confinement
The purpose of isolated confinement
Punishment proportional to the offense
Liberty interests
Super maximum prisons
Segregation by race
Conclusion.
7. Introduction : effect of imprisonment on religious rights
Restrictions on the free exercise of religion
Restrictions based on the maintenance of discipline or security
Restrictions based on the exercise of authority and official discretion
Restrictions based on economic considerations
Religious discrimination : the equal protection clause
Specific areas of constitutional concern
Right to hold religious services
Wearing of religious medals
Right to correspond with religious leaders
Right to proselytize
Free access to ministers
Restrictions of diet
Muslims
Jews
Access to religious literature
Classification on religious grounds
Beards and haircuts
Religious practices
Religious Freedom Restoration Act
Religious Land Use and Institutionalized Persons Act
Relief sought
Sovereign immunity and waiver
Native Americans
Jews
Sincerely held beliefs
Attorney fees
Conclusion
8. Introduction : access to the Courts as a constitutional right
The nature of legal services in prison : prevailing practices
The rule of Johnson v. Avery
Judicial interpretation of Johnson v. Avery
Which prisoners are permitted to receive legal assistance from the jailhouse lawyer?
Who may act as the jailhouse lawyer?
How may prison official restrict the jailhouse lawyer?
What type of legal assistance may an inmate receive from the jailhouse lawyer?
What is the reasonable alternative to the jailhouse lawyer?
Access to legal materials
Legal materials that must be supplied by prison officials
The prisoner's right to counsel
Retaliation for exercising constitutional rights
Restrictions on access to the Courts
Conclusion
9. Prisoner disciplinary proceedings
Introduction
Due process of law
Due process requirements in a prison disciplinary hearing
Wolff v. McDonnell
Baxter v. Palmigiano
Notice of the hearing
A opportunity to be heard
Right to counsel
Witnesses
Confrontation
Cross-examination
Administrative review
The record
Impartiality
Prehearing detention and emergencies
Double jeopardy
Evidence
The prisoner's legal remedies
Conclusion
10. Right to rehabilitation programs, right to medical aid, and right to life
Introduction
Right to rehabilitation programs
Judicial decisions
Analogy of right to treatment in other areas
Administrative review
Right to medical aid
Violation
No violation
Right to confidentiality
Right to life
Civil disabilities
Sex discrimination
Conclusion.
11. Additional litigation
Introduction
classification
Transfer
Extradition
Search and seizure
Overcrowding
Conditions of confinement
Conditions above constitutional standards
Conditions below constitutional minimum standards
Exercise
Failure to protect
Feeding
Correctional personnel
Retaliation claims
Retaliation not shown
Rights of privacy
Smoking
Ex post facto
Funding and costs
Tax returns
Conclusion
12. Parole and probation
Introduction
Parole is not a right
Parole revocation
The privilege theory
The contract theory
The continuing custody theory
The due process theory
Parole revocation proceedings
Arrest and preliminary hearing
The revocation hearing
Procedural due process at the revocation hearing
The revocation hearing : right to counsel
The revocation hearing : right to appointed counsel
Evidence at the revocation hearing
Rescission of parole
Probation
Conditions of release
Free speech and conditions
Search as a condition
Conclusion
13. Litigation against government and individuals
Introduction
The old view or the hands-off doctrine
Jurisdiction of Federal Courts
Jurisdiction of State Courts
Barriers to prisoner lawsuits : Doctrine of Sovereign Immunity
The Eleventh Amendment
State Sovereign Immunity
Suits against State and Federal prison officials
Official capacity suits
Personal capacity suits
Federal remedies : civil suits against Federal prison officials
Federal remedies : civil suits against State officials
State remedies : civil suits
Federal remedies against municipalities and local governments
Custom
Training
Policymaker
Settlement agreements and procedural issues
Civil Rights Act : exhaustion of remedies
Standing
Statute of limitations
Monetary damages
Attorney's fees
Injunctive relief
The immunity defenses
Sovereign immunity
Executive immunity : absolute immunity
Qualified immunity
Qualified immunity granted
Qualified immunity denied
Effect of sovereign immunity on state litigation
Private prisons
Federal remedies : declaratory judgments
State remedies : declaratory judgments
Federal remedies : Habeas Corpus
State remedies : Habeas Corpus
Federal remedies : contempt
State remedies : contempt
Conclusion
14. The Prison Litigation Reform Act
Congressional legislation
Judicial discretion is restricted
Meritless litigation
Judicial sanctions for lawsuits without merit
Screening of cases
Proceedings In Forma Pauperis : three strikes and you're out
Frivolous claims
Exhaustion of remedies
Exhaustion required
Exhaustion not required
Exhaustion completed
Timeliness
Multiple claims
Injuries
No physical injuries
De Minimis injuries
Injury not required
Attorney fees
Remedies in prison condition cases
Conclusion
15. Selected Federal statutes affecting prisoners
Introduction
The Federal Tort Claims Act
Interaction with other statutes : exhaustion
The Americans with Disabilities Act
Attorney fees under the ADA
Exhaustion under the ADA
Conclusion
pt. II. Judicial decision relating to part I
Table of cases for part II.
Appendices : I. Constitutional amendments
II. 42 U.S.C. to 1983 : civil action for deprivation of rights
Table of cases for part I.
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ISBN
9781593455033
9780870846922
9780870842276
9780870846922
9780870842276
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