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NCJ Number: 157943 Find in a Library
Title: Prison Overcrowding Cases in the Aftermath of Wilson v. Seiter
Journal: Prison Journal  Volume:75  Issue:3  Dated:(September 1995)  Pages:390-405
Author(s): J E Call
Date Published: 1995
Page Count: 16
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: In 1991, the U.S. Supreme Court held in Wilson v. Seiter, a prison conditions case, that the plaintiff must prove prison officials acted with deliberate indifference to his or her constitutional rights.
Abstract: Although the decision appeared to make it more difficult for inmates to win prison overcrowding lawsuits, this may not be the case. Published lower court decisions on prison overcrowding cases are examined to determine the effect of Wilson and other Supreme Court cases. The author concludes that, although the number of lower court cases since Wilson is not large, early indications are that recent Supreme Court cases are not likely to have a dramatic impact on the legal environment for prison overcrowding cases. Most published opinions suggest that lower courts are still willing to rule in favor of inmates who can show they were subjected to severely overcrowded prison conditions with harmful effects, under circumstances in which prison officials knew or must have known about the conditions and their likely effects. Relevant cases are cited. 4 references and 5 notes
Main Term(s): Corrections
Index Term(s): Constitutional Rights/Civil Liberties; Courts; Prison conditions; Prison overcrowding; Prisoner's rights; US Supreme Court decisions
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