What Supreme Court decisions limited the number of lawsuits that could be filed by inmates? List and explain three legislative acts that helped to reduce inmate lawsuits and how they accomplished this.
Your response should be at least 200 words in length.© BrainMass Inc. brainmass.com October 25, 2018, 7:38 am ad1c9bdddf
QUESTION: What Supreme Court decisions limited the number of lawsuits that could be filed by inmates? List and explain three legislative acts that helped to reduce inmate lawsuits and how they accomplished this.
PRESPONSE: Please see below cases and resources, which should provide a good foundation for building and formulating your answer.
Sandin v Conner et al, 515 U.S. 472 (1995): Inmate Conner alleged prison officials deprived him of procedural due process when a committee refused to allow him to present witnesses during a disciplinary hearing resulting in Conner being segregated for misconduct.
The Court of Appeals reversed the District Court, concluding that Conner had a liberty interest in remaining free of disciplinary segregation and there was a disputed question of fact whether he/Conner had received all of the process due under Wolff v. McDonnell, 418 U. S. 539.
Holding: Conner is not afforded a protected liberty interest, per the Hawaii prison regulation or the Due Process Clause, that would entitle him to the procedural protections set forth in Wolff Pp.477-488. "Admittedly, prisoners do not shed all constitutional rights at the prison gate, Wolff, 418 U.S., at 555, 94 S.Ct., at 2974, but '[l]awful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.' " Jones, 433 U.S., at 125, 97 S.Ct., at 2537, quoting Price v. Johnston, 334 U.S. 266, 285, 68 S.Ct. 1049, 1060, 92 L.Ed. 1356 (1948). Discipline by prison ...
Constitutional Implications of Suicidal Inmates
- Address the Constitutional implications of suicidal inmates based on decisions made in cases such as the Supreme Court Case of Estelle v. Gamble (1976), and Newman v. Alabama (1974). How have these decisions made an impact. Explain.
- How do you distinguish the potential suicide victim who is crying out for help from the manipulative inmate? The manipulative inmate will often threaten or feign suicide in an attempt to get his way, or in court, to bolster his insanity defense or gain sympathy.
- What is the protocol for addressing these types of situations?
- How does the problem of prison overcrowding impact the issue of inmate suicide from both administration and victim perspectives?
- Add to your policy to establish requirements and protocol for addressing suicidal inmates in an overcrowded correctional facility environment.View Full Posting Details