The analysis concludes that the protections provided by Section 1983 are substantially greater for prisoners housed in private correctional facilities than they are for inmates of public correctional facilities. Both types of inmates can seek prospective injunctive relief, but the eleventh amendment limits the ability of inmates of public prisons to seek further remedies. In contrast, inmates of private institutions do not face this constraint and thus can seek remedies such as retroactive injunctive relief, declaratory judgments, nominal damages, compensatory damages, and punitive damages. Furthermore, arguments that privatization in corrections is unethical are misleading and overlook the reality that governmental rather than private decisions control all aspects of a prisoner's life in a private facility. 107 reference notes