Prisoners' Rights Resources

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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

United States District & Bankruptcy Court for the Southern District of Texas - District Forms and Filing Fees

Latest & Greatest – Prisoners’ Rights: A Legal Research Guide

By Carol A. Fichtelman

Published by William S. Hein & Co., Inc. (2017)

KF 9371 .F53 2017

The 68th volume in a collection of research guides, Prisoners’ Rights: A Legal Research Guide provides researchers with a resource covering the rights of those who are incarcerated in either a federal or state facility. Author Carol A. Fichtelman focuses her attention on both primary and secondary resources and includes some handy websites that might act as good starting points for research. Of course, the first and foremost primary source when it comes to prisoners’ rights is the United States Constitution, and the author readily directs the user to the pertinent sections. In addition to the Constitution, the author points out applicable federal statutes and regulations. She also devotes a section to listing various federal agencies that deal with the rights of prisoners. Also included in the section detailing primary sources are state statutes concerning the laws on diet, religious beliefs, health care, punishment, and grooming.

The second part of the guide focuses on secondary resources. These include legal encyclopedias, specific volumes of American Law Reports, legal periodical articles, books, and a listing of national and state prisoners’ rights organizations.

Although not meant to be a comprehensive guide, Prisoners’ Rights: A Legal Research Guide provides some of the tools necessary to locate information about the ever-changing area of prisoners’ rights.

Latest & Greatest – Rights of Prisoners

By Michael B. Mushlin

Published by Thomson Reuters

KF 9731 .G6 2017

New to the library is the updated and revised Fifth Edition of Rights of Prisoners by Michael B. Mushlin. This four-volume set incorporates the sweeping changes in prison law that resulted from the more than dozen cases before the United States Supreme Court dealing with prisoners’ rights as well as federal and state legislation dealing with the treatment of prisoners. Mushlin begins his treatise with an historical overview of prisoners’ rights and a discussion of the standards used to determine whether a prisoner’s rights have been violated. He then focuses upon specific violations of constitutional amendments, such as the Eighth Amendment’s prohibition against cruel and unusual punishment. In this regard, the author raises such issues as solitary confinement, use of force by prison personnel and assaults by other inmates, and prison conditions. The Eighth Amendment also comes into play when there are allegations about the inadequacy of medical care. Mushlin details the specific types of care required and the right of an inmate to refuse treatment. Other constitutionally-based issues discussed include discrimination, free speech, religious freedom, privacy rights, prison labor, and due process rights in disciplinary proceedings.

The author also devotes several chapters to topics that involve the management of prisons, such as classification decisions, transfers, and detainers. Other rights addressed include a prisoner’s right to access the courts, visitation rights, rights to send and receive written correspondence, and the right of access to the media and the corresponding right of prisons to limit or restrict such rights . Mushlin also looks at the civil disabilities imposed upon prisoners during their incarceration and any attendant constitutional issues raised by the laws that impose such disabilities. He also analyzes the Prison Litigation Reform Act and the impact it has had on jail and prison litigation. He looks at its most important provisions like the standards for prospective relief, the exhaustion requirement, the physical injury requirement, and in forma pauperis.

Mushlin ends his treatise with an examination of the private prison industry, its history, and the arguments surrounding the issue of whether the government can delegate the authority to operate prisons to a private entity.

Rights of Prisoners is a wonderful resource for those seeking to protect the rights of incarcerated clients or to keep abreast of the evolving law governing prisons. Find it here at the Harris County Law Library in our criminal law section.