Collins, William C.
The Constitution protects inmates in jails and prisons, and this paper discusses the continuing challenge of deciding what those protections mean in practice and the struggle to assure that inmate rights are met. "Condition cases" have resulted in courts reducing jail populations and have a great impact on facility design and operation and the cost of operating a jail. Legal issues whose impact are primarily operational are also highlighted. The title: Jails and the Constitution: An Overview (#022570) supersedes this title.
This publication "reviews the history of correctional law and summarizes the results and effects of major court decisions" (p. 4). Sections comprising this document include: introduction; history of court involvement; corrections and the Constitution in a new century; the Constitution and the physical plant; understanding Section 1983 lawsuits; how courts evaluate claims -- the balancing test; the First Amendment; the Fourth Amendment; the Eighth Amendment -- overview; the 8th Amendment -- use of force; the 8th Amendment -- medical care; the 8th Amendment -- conditions of confinement; the Fourteenth Amendment; consent decrees; some final thoughts; glossary; and selected cases.
Topics covered include: some religious issues in jails--head coverings, skirts, Religious Land Use and Institutionalized Persons Act (RLUIPA) and inmates claims, kosher diet, and sincere religious beliefs; Bits and Pieces—Rastafarian dreadlocks search, tobacco ban, and psychogenic polydipsia; and Prison Rape Elimination Act (PREA) enforcement.
A monograph "intended to help prisons operate ultra-high-security facilities in a way that minimizes liability in litigation" is presented (p. v). Section contained in this manual include: executive summary; introduction; supermax and case law background; mental health; medical services; other conditions of confinement; use of force; the 14th Amendment due process and placement; access to the courts; the First Amendment religion, speech, and the press; and closing thoughts.