NCJ Number
55897
Journal
HARVARD, LAW REVIEW Volume: 92 Issue: 3 Dated: (JANUARY 1979) Pages: 610-657
Date Published
1979
Length
54 pages
Annotation
THE GROWTH OF PRISONER CIVIL RIGHTS SUITS, THE TREATMENT OF THESE CASES BY FEDERAL COURTS, THE GRIEVANCES ALLEGED, FACTORS AFFECTING THE VOLUME OF LITIGATION, AND ALTERNATIVE METHODS FOR HANDLING GRIEVANCES ARE EXAMINED.
Abstract
AN UPSURGE IN VOLUME OF FEDERAL PRISONER RIGHTS CASES (9,730 CASES FILED IN 1978 COMPARED TO 218 IN 1966) UNDER 42 U.S.C., SECTION 1983 IS THREATENING BOTH EFFICIENT JUDICIAL ADMINISTRATION AND THE ACHIEVEMENT OF JUSTICE IN INDIVIDUAL CASES. TO DETERMINE HOW PRISONER CASES ARE PROCESSED, THE KINDS OF INSTITUTIONS THEY COME FROM, THE NATURE OF THE GRIEVANCES, AND THE RESULTS OBTAINED, THE FILES OF 664 CASES IN FIVE FEDERAL DISTRICTS WERE EXAMINED. RESULTS ARE REPORTED AND DISCUSSED. PRISON POPULATION, PRISON CONDITIONS AND RULES, SUBSTANTIVE LAW AND COURT DECISIONS, THE RECEPTIVITY OF INDIVIDUAL FEDERAL JUDGES, CHANGE OF PRISON ADMINISTRATION OR POLICY, AVAILABILITY OF ADMINISTRATIVE REMEDY, JAILHOUSE LAWYER ACTIVITY, AVAILABILITY OF LEGAL ASSISTANCE, AND PRISON RIOTS OR DISTURBANCES ARE DISCUSSED WITH REGARD TO THEIR INFLUENCE UPON THE VOLUME OF PRISONERS' RIGHTS CASES FILED IN FEDERAL COURTS. IN HANDLING SUCH CASES, THE BURDEN ON THE COURT IS MAINLY IN SCREENING THE PRO SE CASES, NOT IN TRYING THEM; SOME COURT ACTION IS REQUIRED ON ALMOST ALL THE CASES BECAUSE MEANINGFUL NEGOTIATIONS BETWEEN PRISONERS ACTING PRO SE AND STATES' ATTORNEYS ARE PRACTICALLY IMPOSSIBLE. THE RESOLUTION OF THE PROBLEM IS SEEN TO LIE IN REDUCING THE NUMBER OF FRIVOLOUS CASES AND IMPROVING THE ABILITY OF THE COURTS TO IDENTIFY THE MERITORIOUS CASES AND FAIRLY ADJUDICATE THEM. SUGGESTED RECOMMENDATIONS FOR ACHIEVING THESE RESULTS ARE: (1) ADEQUATE IN-PRISON ADMINISTRATIVE REMEDIES, WITHOUT MAKING THE EXHAUSTION OF SUCH REMEDIES A JURISDICTIONAL REQUIREMENT; (2) PROCEDURES AND STANDARDS FOR PROCESSING PRO SE IN FORMA PAUPERIS CASES, WITH APPOINTMENT OF COUNSEL IN CASES THAT ARE DISMISSED; (3) U.S. ATTORNEY GENERAL ENGAGEMENT IN 'PATTERN OR PRACTICE' LITIGATION IN CASES OF WIDESPREAD DENIAL OF CONSTITUTIONAL RIGHTS; AND (4) DEVELOPMENT OF PROGRAMS OF IN-PRISON LEGAL ASSISTANCE. THE APPENDIXES INCLUDE A LISTING OF THE NUMBER OF PRISONER RIGHTS CASES FILED IN FEDERAL DISTRICT COURTS BETWEEN 1976 AND 1978 AND DATA FROM THE STUDY OF 664 CASES IN FIVE FEDERAL DISTRICTS. (RCB)