The United States Supreme Court recently granted a writ of certiorari to a Texas inmate who had alleged that he had been confined in a pair of unsanitary cells for six full days. In Taylor v. Riojas, the Court found that although the Court of Appeals for the Fifth Circuit correctly ruled that the condition violated Taylor’s Eighth Amendment right against cruel and unusual punishment, it erred in its conclusion that the correctional officers had qualified immunity on the ground of lack of notice. On the qualified immunity issue, the Supreme Court held that “[n]o reasonable correctional could have concluded that, under the extreme circumstances of this case, it was constitutionally permissible to house Taylor in such deplorably unsanitary conditions for such an extended period of time.” The Court vacated the appellate court’s judgment and remanded the action for further proceedings.
Considering this recent decision involving the constitutional rights of prisoners, we have put together a list of resources that provides some insights into the rights afforded incarcerated individuals and some that might prove useful to prisoners still dealing with the court system and to the family members and friends who may be assisting them.
Prisoners’ Rights
Inmate Welfare - Texas Government Code chapter 501 – The Texas Government Code sets out the provisions that pertain to prisoner welfare.
(Pace Law School Library) (Pace Law School Library) – This excellent research guide from Pace Law School Library contains an abundance of useful information on the topic of prisoners’ rights. Users have access to relevant federal and state laws, prison statistics, international resources, and information about foreign prisons. The librarians have also identified several prison rights organizations and online resources to aid prisoners.
Prisoner Rights While Incarcerated (HG.org) – This article describes some of the rights to which prisoners are entitled while they are locked up, including the prohibition from cruel and unusual punishment, access to courts, and medical care. Links at the end of the article lead to relevant discussions on some other aspects of the rights of prisoners.
Rights of Prisoners (Legal Information Institute) – This article looks at the issue of prisoners’ rights through the lens of constitutional protections, specifically due process.
Prisoner Advocacy
Texas Inmate Families Association (TIFA) – TIFA is a non-profit organization that supports, educates, and advocates for the families of incarcerated individuals. Nonmembers have access to a limited number of public documents and newsletters. For its members, TIFA hosts webinars and workshops, represents members in discussions with TDCJ and legislative officials, and much more.
Texas: Prison Resources (Human Rights Watch) – This is a list of organizations that assist or advocate on behalf of prisoners. HRW also has lists of prison resources for other states.
Useful Websites (Texas Jail Project) – The people behind the Texas Jail Project have compiled a list of advocacy organizations for prisoners in state jails and prisons and have posted information about jails on its website. There is also a link to the Texas Commission on Jail Standards.
Forms
In addition to the information found on the websites listed above, prisoners (and their families) have access to some forms that can be used on the state or federal level, including a complaint for the violation of a prisoner’s civil rights and the Texas Writ of Habeas Corpus Application Art. 11.07. On the website for the Texas courts, users will find standardized felony judgment forms, orders relating to community supervision, and a template for competency evaluations. The website for the United States District & Bankruptcy Court for the Southern District of Texas has a varied collection of forms for use in criminal cases, including indigency forms, subpoena forms, and habeas corpus petitions.
Texas Judicial Branch – Court of Criminal Appeals – Forms
Texas Judicial Branch -Rules & Forms
United States Court – Complaint for Violation of Civil Rights