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NCJRS Abstract

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NCJ Number: 77513 Add to Shopping cart Find in a Library
Title: Administrator's Guide to Conditions of Confinement Litigation
Author(s): W C Collins
Corporate Author: American Correctional Assoc
United States of America
Date Published: 1979
Page Count: 26
Sponsoring Agency: American Correctional Assoc
Alexandria, VA 22314
National Institute of Corrections
Washington, DC 20534
National Institute of Justice/
Rockville, MD 20849
Grant Number: AL-1
Sale Source: American Correctional Assoc
206 N. Washington St., Suite 200
Alexandria, VA 22314
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: This monograph is intended to increase a sheriff's or correctional administrator's understanding of lawsuits which attack overall conditions of confinement in a jail, prison, or an entire correctional system.
Abstract: This work should enable the administrator to better understand the factual situations which may lead to a conditions suit, the law relating to such suits, and the impact of such cases. Through such understanding, some litigation may be avoided or, if unavoidable, may be dealt with causing as little disruption as possible while increasing the chances for successful resolution. Major topics considered in the work include conditions of confinement, overcrowding, other suit conditions issues, standards, case strategy, discovery, attorneys' fees, legislative involvement, and relief. Conditions of confinement lawsuits may challenge virtually any practice or condition affecting a jail or prison inmate. Although the primary issue in such suits is overcrowding, it is not the only issue that may be raised. Such suits may contain allegations about problems which may individually be constitutionally insignificant but are still relevant in evaluating the overall quality of a facility. Frequently, the starting point for a court's evaluation of a facility will be the degree to which it meets or fails to meet relevant professional standards and governmental codes, such as public health codes. If a court finds a constitutional violation, it has broad powers to order what it feels is appropriate relief. In defending a conditions case which may go into a relief phase, it may be as important for defendants to demonstrate that they are committed to and capable of making improvements in institutional conditions as it is to win portions of the case. Courts will frequently turn to a special master to help in monitoring and implementing a complex relief order. Finally, conditions cases can be expensive. The monograph includes 27 footnotes. (Author abstract modified)
Index Term(s): Correctional institutions (adult); Corrections management; Cruel and unusual punishment; Facility conditions; Inmate lawsuits; Inmate staff relations; Jails; Overcrowding; Prisoner's rights
Note: ACA Correctional Law Project
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