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NCJ Number: 62790 Find in a Library
Title: PRISONER LAWSUITS AND PRISON OFFICIALS LIABILITIES
Author(s): S H CLARKE
Corporate Author: University of North Carolina at Chapel Hill School of Government
United States of America
Date Published: 1975
Page Count: 19
Sponsoring Agency: University of North Carolina at Chapel Hill School of Government
Chapel Hill, NC 27599-5381
Publication Number: NO 01/75
Sale Source: University of North Carolina at Chapel Hill School of Government
Knapp-Sanders Building
Campus Box 3330
Chapel Hill, NC 27599-5381
United States of America
Language: English
Country: United States of America
Annotation: VARIOUS WAYS THAT PRISON OFFICIALS CAN BE SUED OR PROSECUTED IN NORTH CAROLINA COURTS FOR CONDUCT WITH PRISONERS, THE APPLICABLE LAWS, AND THE PENALITIES OR LIABILITIES THAT MAY BE IMPOSED ARE DISCUSSED.
Abstract: A NORTH CAROLINA INMATE MAY INITIATE A LAWSUIT REGARDING TREATMENT USING (1) THE U.S. CONSTITUTION AS INTERPRETED BY APPROPRIATE COURTS, (2) THE NORTH CAROLINA CONSTITUTION AS INTERPRETED BY APPROPRIATE STATE COURTS, (3) FEDERAL STATUTES AS INTERPRETED BY FEDERAL COURTS, (4) NORTH CAROLINA STATUTES AS INTERPRETED BY STATE COURTS, AND (5) DEPARTMENT OF CORRECTION REGULATIONS. THE MOST COMMONLY USED PARTS OF THE U.S. CONSTITUTION ARE THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE OF THE EIGHTH AMENDMENT AND THE EQUAL PROTECTION AND DUE PROCESS CLAUSES OF THE FOURTEENTH AMENDMENT. THE NORTH CAROLINA CONSTITUTION HAS PROVISIONS SIMILAR TO THE FEDERAL CONSTITUTION'S DUE PROCESS, EQUAL PROTECTION, AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES; HOWEVER, THESE PROVISIONS HAVE NOT YET BEEN APPLIED BY STATE COURTS TO DETERMINE INMATE RIGHTS. THE MOST IMPORTANT FEDERAL STATUTES ARE THE CIVIL RIGHTS ACT OF 1871 (OFTEN CALLED 'SECTION 1983'); TITLE 18, SECTIONS 241 AND 242 OF THE U.S. CODE (THESE SECTIONS MAKE VIOLATION OF CONSTITUTIONAL RIGHTS A CRIME); AND TITLE 28, SECTION 2254 OF THE U.S. CODE, WHICH PERMITS A STATE INMATE TO OBTAIN A WRIT OF HABEAS CORPUS IN A FEDERAL COURT. WHEN THE COURT DECIDES AN INMATE'S COMPLAINT IS VALID, IT CAN ORDER PRISON OR JAIL OFFICIALS TO TAKE CERTAIN ACTIONS OR REFRAIN FROM CERTAIN ACTIONS (AN INJUNCTION). IF THE OFFICIALS FAIL TO OBEY THE ORDER, THEY MAY BE FOUND IN CONTEMPT OF COURT AND FINED OR IMPRISONED. THE COURT CAN ALSO DIRECT THE OFFICIALS TO PAY DAMAGES TO THE INMATE TO COMPENSATE HIM/HER FOR THE WRONG DONE. ADDITIONAL 'PUNITIVE DAMAGES' MAY ALSO BE ORDERED. IF THE INMATE CAN PROVE THAT A PRISON OFFICIAL COMMITTED A CRIME UNDER STATE OR FEDERAL LAW, THE OFFICIAL CAN BE PROSECUTED IN STATE OR FEDERAL COURT. IF CONVICTED, A FINE OR IMPRISONMENT MAY RESULT. SOME DEFENSES LIKELY TO BE EFFECTIVE UNDER VARIOUS TYPES OF INMATE LAWSUITS ARE INDICATED. FOOTNOTES ARE PROVIDED. (RCB)
Index Term(s): Constitutional Rights/Civil Liberties; Defense; Dispositions; Inmate lawsuits; Laws and Statutes; North Carolina
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62790

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