No, I do not believe that the court system pays too much attention to inmate complaints, for the simple fact that prison abuse is not going anywhere anytime soon. (Bierie, 2013) Despite federal mandates and prisoners’ right activism. (Bierie, 2013) For example Terrill Thomas died from dehydration while in solitary confinement on April 24, 2016. According to other prisoners Mr. Thomas had asked correctional officers for something to drink for about a week because the water inside his cell was shut off. (www.cnn.com) After the seventh day without water, Mr. Thomas discovered dead in this cell inside a Milwaukee County Jail. (www.cnn.com) During the investigating it was discovered that Mr. Thomas begged the correctional officers daily for something
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(Carlson & Garrett, 2008) For inmates and the groups who represent them, achieving justice in the courts and preventing prisoner abuse are monumental challenges. (Bierie, 2013) A federal law enacted in 1996 called the Prison Litigation Reform Act (PLRA) requires prisoners to clear substantial hurdles before being permitted to sue the Department of Corrections, prisons, or jails for assault or civil rights violations. (Johal, 2014) But like anything that is dealing with the government there are stipulations. Under the PLRA act is a prisoner acts out too much, they can lose their right to file a grievance or complaint. (Johal, 2014) Also before a prisoner can file a lawsuit in court, first they must take their complaints through all level of the prison’s grievance …show more content…
(Johal, 2014) Which in my opinion is both positive and negative, the positive side that the prison is allowing the prisoner to file a complaint against the prison but the negative side is that everything must go through the prison first. It is unconstitutional for prison or jail officials to retaliate against a prisoner for bringing or pursuing litigation. (Carlson & Garrett, 2008) It is well-established that retaliating against an inmate for filing a lawsuit or an administrative grievance against correctional employees violates the right of access to the courts. (Carlson & Garrett, 2008) According to our reading some courts have ruled that once the inmate proves that his or her constitutionally protected conduct was a motivating factor for the adverse action. (Carlson & Garrett, 2008) The burden falls on prison officials to prove by a preponderance of the evidence that they would have taken the same action even if the inmate had not engaged in the protected activity. (Carlson & Garrett, 2008) Because of those actions can and will cause legal oversight within the America’s prison legal system. (Carlson & Garrett,
(Carlson & Garrett, 2008) For inmates and the groups who represent them, achieving justice in the courts and preventing prisoner abuse are monumental challenges. (Bierie, 2013) A federal law enacted in 1996 called the Prison Litigation Reform Act (PLRA) requires prisoners to clear substantial hurdles before being permitted to sue the Department of Corrections, prisons, or jails for assault or civil rights violations. (Johal, 2014) But like anything that is dealing with the government there are stipulations. Under the PLRA act is a prisoner acts out too much, they can lose their right to file a grievance or complaint. (Johal, 2014) Also before a prisoner can file a lawsuit in court, first they must take their complaints through all level of the prison’s grievance …show more content…
(Johal, 2014) Which in my opinion is both positive and negative, the positive side that the prison is allowing the prisoner to file a complaint against the prison but the negative side is that everything must go through the prison first. It is unconstitutional for prison or jail officials to retaliate against a prisoner for bringing or pursuing litigation. (Carlson & Garrett, 2008) It is well-established that retaliating against an inmate for filing a lawsuit or an administrative grievance against correctional employees violates the right of access to the courts. (Carlson & Garrett, 2008) According to our reading some courts have ruled that once the inmate proves that his or her constitutionally protected conduct was a motivating factor for the adverse action. (Carlson & Garrett, 2008) The burden falls on prison officials to prove by a preponderance of the evidence that they would have taken the same action even if the inmate had not engaged in the protected activity. (Carlson & Garrett, 2008) Because of those actions can and will cause legal oversight within the America’s prison legal system. (Carlson & Garrett,