PLN is currently banned statewide in Florida based on our ad content, and we are awaiting a decision from the Eleventh Circuit after losing at the district court following a bench trial in January Few rights are absolute, and First Amendment rights are no exception. Thus, one court has held that prisoners held in solitary confinement in the Pennsylvania DOC could be denied access to reading materials, including non-religious magazines and newspapers. That court was the U. Supreme Court, in Beard v.
Banks Press — The media has no more right than average citizens to have access to prisons or prisoners; for many years, California has restricted press access to prisoners, including no in-person interviews with specific prisoners. Assembly — In Jones v. Religion — Prisoners retain some religious rights.
Texas Typical religious claims by prisoners include the denial of kosher or halal food; various grooming standards, such as beards and hair length for Muslims and Orthodox Jews; and Native American spiritual issues such as sweat lodges, medicine bags, etc.
For Muslims there are issues related to fasting during Ramadan, or the ability to engage in group prayer. In a recent ruling arising out of Arkansas, the U. Supreme Court held in a opinion, in Holt v. No formal grievance system is required, but most jails and prison systems have them.
Grievances are used as gatekeepers to federal litigation, and sometimes a grievance filing deadline will effectively abrogate the statute of limitations for filing suit in federal court.
The rules and procedures for grievances are especially difficult for prisoners who are illiterate or mentally ill. Further, prisoners who file grievances risk retaliation by prison or jail staff, though retaliation for the exercise of First Amendment rights is — at least in theory — forbidden. Access to the courts — Access to the courts also falls under the First Amendment, but that right was severely curtailed by the Supreme Court in Lewis v. Casey Lewis held that an access to court claim requires actual injury to current or planned litigation — not any litigation, but primarily cases that attack convictions or challenge conditions of confinement.
And the actual injury must be to legal claims that are non-frivolous, meritorious claims. What this means is that prisoners have no specific right to access to a law library, legal books, attorneys, etc. There have been very few successful access-to-court decisions following Lewis.
Thus, jailhouse lawyers are the primary means by which prisoners obtain legal assistance. A growing number of prisons provide computer terminals with restricted access to Westlaw or Lexis — but this assumes that prisoners are able to conduct their own legal research and litigate their own cases, which is similar to giving someone a book on surgical procedures and telling them to remove their own appendix. First Amendment challenges, like most challenges to prison and jail regulations or policies, fall under the four-prong test established by the Supreme Court in Turner v.
Safley Prohibition on gun ownership by ex-felons is a collateral consequence of a felony conviction. If you have access to a prison law library, it is a good idea to research new developments. Black and Pink Columbia Rd. Dorchester, MA www. Just Detention International Wilshire Blvd. Share this issue:. Select a scenario. I experienced assault or excessive force in prison Your rights Prison officials have a legal duty under the Eighth Amendment of the Constitution to refrain from using excessive force and to protect prisoners from assault by other prisoners.
Officers may not use force maliciously or sadistically with intent to cause harm, but they may use force in good faith efforts to keep order. Prison officials may be violating the Eighth Amendment if they knew about a risk of assault by other prisoners but failed to respond, or if prison conditions or practices create an unreasonable risk of assault for example, not having enough officers on the unit, not having cell doors that lock properly, etc. What to do if you believe that your rights have been violated If you have been assaulted by an officer or fellow prisoner, you should file a grievance, and appeal it through all available levels of appeal.
Note that there are usually strict time limits for filing a grievance, so you should do so as soon as possible. If you believe you are in immediate danger of assault, you should tell a staff member you trust mental health worker, teacher, etc.
Print: this section. Share this scenario:. If prison officials cannot show this, they must provide a religious accommodation to enable you to practice your faith.
Depending on your particular circumstances, prison officials may be required to provide you with a religious diet e. They also may be required to allow you to have religious texts, wear certain religious clothing, headwear, and jewelry, and maintain religious grooming practices e. Prison officials cannot impose religious beliefs or practices on you.
They cannot punish you for declining to take part in religious activities or events that include religious elements. Prison officials cannot give special preference to members of one faith, or treat prisoners of some religions less favorably than those of others. What to do if your rights are violated You can file a complaint with the U. You can contact the ACLU in your state for more information. When you enter prison, inform staff you are transgender or believe you are at risk — both verbally and in writing.
The federal Prison Rape Elimination Act PREA requires prisons and jails to make individualized housing placements for all transgender and intersex prisoners, including when assigning them to male or female facilities.
Many correctional facilities house transgender prisoners in solitary confinement to protect them from violence. PREA says you cannot be segregated against your will for more than 30 days and if you are in protective custody you must have access to programs, privileges, education and work opportunities to the extent possible.
Prison and jail staff must evaluate you for gender dysphoria within a reasonable time if you request it. Medical treatment for prisoners diagnosed with gender dysphoria should be delivered according to accepted medical standards. Yeskey that the Americans with Disabilities Act ADA "provides no basis for distinguishing these programs, services, and activities from those provided by public entities that are not prisons.
The Prison Litigation Reform Act PLRA , enacted in , requires, among other things, that prisoners exhaust administrative remedies before challenging a condition of their confinement in court. The Supreme Court in Jones v. Bock clarified the rights and obligations of prisoners regarding the exhaustion requirement. Courts tend to defer to prison officials regarding prisoners' rights. So long as the conditions or degree of a prisoner's confinement are within the sentence and not otherwise violative of the Constitution , the due process clause does not require judicial oversight.
When prison regulations infringe on and inmate's constitutional rights, the courts do not apply strict scrutiny. Courts have held that the Equal Protection Clause of the 14th Amendment has been held to apply to prison inmates so prisoners are protected against discrimination or unequal treatment based on race, sex, religion, age, national origin, and creed. Other courts have held that certain "penumbral" rights, or rights that are not explicitly granted by the constitution, also apply to prisoners.
This includes the right to reproduce, right to medical attention, and others. Additionally, the Model Sentencing and Corrections Act adds additional, explicit protections against discrimination. It provides that a confined person has a protected interest in freedom from discrimination on the basis of race, religion, national origin, or sex, and should have limited rights to speech and religion.
Courts are usually very reluctant to limit the discretion of state prison officials to classify prisoners i. Indeed, the U. Congress has given federal prison officials complete autonomy in controlling prisoner classification as relates to the conditions of confinement.
In other words, such determinations are generally left to the control of the Federal Bureau of Prisons. Similarly, courts tend to give broad deference to prison officials regarding prisoners' rights. For the most part, so long as the conditions of a prisoner's confinement are within the sentence and do not otherwise violate the prisoner's constitutional rights, the due process clause of the U.
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