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Forms of Judicial Deference in Prison Law
Loaded on Jan. 15, 2013
by Sharon Dolovich
published in Prison Legal News
January, 2013, page 1
by Sharon Dolovich1
Filed under:
Legality of Rules,
Statistics/Trends,
Totality of Conditions,
Overcrowding,
Eighth Amendment,
Administrative Exhaustion (PLRA),
Guard Brutality/Beatings,
Prisoner Legal Assistance,
Law Library Access/Adequacy,
Civil Procedure,
Summary Judgment,
Defenses,
Appeals,
Default Judgments,
Mail Regulations.
Location:
United States of America.
Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to state actors tasked with a job as complex, challenging and ...
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More from this issue:
- Forms of Judicial Deference in Prison Law, by Sharon Dolovich
- Louisiana Public Service Commission Votes to Lower Prison and Jail Phone Rates, by Mel Motel
- From the Editor, by Paul Wright
- FBI Reports Drop in Violent Crime; DOJ Reports Increase
- Venezuelan TV Station Fined $2.16 Million for Prison Reporting, by Matthew Clarke
- Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained, by Matthew Clarke
- Pennsylvania: Former BOP Warden Pleads Guilty to Cover-up
- Despite Budget Crunch, Texas Rarely Grants Medical Paroles, by Matthew Clarke
- Iraqi Prison Breaks Likely Inside Jobs
- Contraband Smuggling a Problem at Prisons and Jails Nationwide, by Matthew Clarke
- NH Corrections Officer, Suspended After Fight, Obtains Back Pay Plus $250,000 in Damages and Attorney Fees
- California Lawsuit Challenges Voting Prohibition on County-level Offenders
- Louisiana Sex Offender Internet Restrictions Unconstitutional
- Law Enforcement Forfeiture Corruption Scandal in Michigan Includes Police Chief
- Massachusetts Prisoners Receive Refunds for Illegal Fees Imposed by Sheriff
- Obama Pardons Two Turkeys, No Prisoners in 2012, by Derek Gilna
- Scientific Advances in Arson Investigations Reveal Wrongful Convictions, by Michael Rigby
- Georgia Judge Removed from Bench for Misconduct, Files Lawsuit Claiming Conspiracy
- Virginia Considers Privatizing State’s Civil Commitment Center, by Joe Watson
- New Mexico Slaps Private Prison Companies with $1.4 Million in Fines
- States Seek Federal Medicaid Reimbursements to Offset Prison Medical Costs
- Oregon-Washington Prison Employee Logs 19-Hour Days
- Nation’s Largest Private Prison Companies Trying to Do the REIT Thing
- Tenth Circuit Cites PLN Case in Denying Oklahoma Newspaper’s FOIA Request
- California and Oregon Prison Guards Fire Shots to Break up Fights
- North Carolina Governor Pardons Wilmington 10
- Cook County, Illinois Lowers Jail Phone Rates, by Mel Motel
- California: Del Norte County DA Described as “Idiotic”
- 9th Circuit: Class-action by Civilly Committed Sexually Violent Predators May Proceed on Claims for Declaratory and Injunctive Relief
- First Circuit: RLUIPA Does Not Provide Relief from Transfer to Remote Prison where Opportunities for Religious Exercise are Limited
- News in Brief
More from Sharon Dolovich:
- The States that Lead the Nation in COVID-19 Cases Are Hiding Their Prison Data, Oct. 1, 2021
- Urgent Need for Vaccine Administration in Prisons, Jails and Detention Centers, Feb. 1, 2021
- New Study Documents Startling Spread of COVID-19 in American Prisons and Jails, Aug. 1, 2020
- Mass Incarceration, Meet COVID-19 Opportunity to release prisoners with little public safety risk is clear, May 1, 2020
- Forms of Judicial Deference in Prison Law, Jan. 15, 2013
More from these topics:
- From the Editor, Aug. 1, 2025. Totality of Conditions, Publications/Books, Censorship.
- Now Under Federal Receivership, New York City’s Rikers Island Jails Still Have No Plan to Improve, No Firm Date to Close, Aug. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Corrections Audits, Systemic Medical Neglect, Medical Records, Eighth Amendment.
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).