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| NCJ Number:
|
NCJ 157943
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| Title:
|
Prison Overcrowding Cases in the Aftermath of Wilson v. Seiter
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| Journal:
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Prison Journal Volume:75 Issue:3 Dated:(September 1995) Pages:390-405
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| Author(s):
|
J E Call
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| Publication Date:
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1995 |
| Pages:
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16 |
| Type:
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Legislation/policy analysis |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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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:
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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):
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Corrections/ |
| Index Term(s):
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Prisoners rights ; Constitutional rights and civil lib/ ; Prison overcrowding ; US Supreme Court decisions ; Courts/ ; Prison conditions |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=157943
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