Rights of prisoners

Rights of prisoners volume 1 contents: Ch. 1 - Prisoners' rights - historical background and general overview. §1:1. Introduction. §1:2. A brief history of prisons in the United States. §1:3. The hands-off doctrine. §1:4. The demise of the hands-off doctrine and the beginning of prisoners' rights law. §1:5. The scope and organization of this book. Ch. 2 - Prisoners' rights - overview of prisoner rights law. I. Introduction. §2:1. Introduction to the law of prisoners' rights. II. A brief overview of the law of prisoners' rights. §2:2. Rights retained by prisoners. §2:3. Standards for determining whether prisoners' rights have been violated. III. Turner v. Safley: an introduction to the four-factor Turner v. Safley analysis. §2:4. Generally. §2:5. The first Turner factor: the valid, rational connection test. §2:6. The second Turner factor: the search for alternative means. §2:7. The third Turner factor: the cost of accommodation. §2:8. The fourth Turner factor: the presence of a de minimis alternative. §2:9. The weight to be assigned to the four Turner factors. IV. Conclusion. 2:10. Generally. Ch. 3 - The eighth amendment: solitary confinement; prevention of violence, protection against overcrowding, and provision of the necessities of life. I. Introduction. §3:1. Generally. II. The Supreme Court's definition of cruel and unusual punishment. §3:2. Generally. §3:3. Estelle v. Gamble. §3:4. Rhodes v. Chapman. §3:5. Whitley v. Albers. §3:6. Wilson v. Seiter. §3:7. Hudson v. McMillian. §3:8. Helling v. McKinney. §3:9. Farmer v. Brennan. §3:10. Summary of the standards for determining whether the eight amendment is violated? §3:11. The objective component: what is cruel and unusual punishment? §3:12. The subjective component: what is punishment? III. Methods of execution. §3:13. Generally. §3:14. Electrocution. §3:15. Lethal injection. §3.16: Baze v. Rees. IV. Restrictive confinement: punitive segregation, solitary confinement and "supermax" units. §3:17. Generally. §3:18. Relationship between conditions of segregation and time spent in these units. §3:19. Relationship beteen offenses that led to placement and conditions in segregation. §3:20. Confinement in isolation for non-punitive reasons. §3:21. Super-maximum security and mentally ill inmates. V. Corporal punishment and physical and mechanical restraints. §3:22. Generally. §3.23: Physical and mechanical restraints. VI. Use of force by guards. §3.24: Introduction. §3.25: Pretrial detainees. §3.26: Arrestees. §3.27: Summary of standards governing use of force against arrestees, pretrial detainees, and inmates. §3.28: What kind of harm is required? §3.29: What if there is no physical injury? §3:30. When is the use of force justified? §3:31. If force is justified, under what circumstances is its application excessive? §3:32. Tear gas, mace, and stun guns. §3:33. Sexual assault. §3:34. Escape from prison to avoid assaults. VIII. Conditions of confinement: basic human needs and the prisoner's physical well-being. A. In general. §3:42. Generally. B. Diet. §3:43. Generally. §3:44. Deprivation of food ass punishment. §3:45. Preparation of food. §3:46. Specialized meals. §3:47. Hunger strikes. C. Exercise and outside recreation. §3:48. Generally. §3:49. At what point does the right to exercise arise? §3:50. How much recreation time is required? §3:51. Is outdoor exercise required? §3:52. What are the exercise rights of inmates in segregation? §3:53. The "safety exception". D. Shelter, clothing, personal hygiene, sanitation, ventilation, fire safety, and hazardous substances. 1. Sanitary conditions of shelter and personal hygiene. §3:54. Generally. §3:55. Shelter. §3:56. Temperature and ventilation. §3:57. Bedding. §3:58. Furnishings. §3:59. Lighting. §3:60. Sanitation. §3:61. Hygienic supplies and showers. 2. Environmental hazards. §3:62. Generally. §3:63. Tobacco smoke. §3:64. What proof of injury is required? §3:65. Requirements for relief from future injury. §3:66. Damage claims for future injuries. §3:67. Injunctive relief to prevent future injury. §3:68. Other environmental hazards. E. Overcrowding. §3:69. Generally. §3:70. Rhodes v. Chapman. §3:71. Lower court decisions since Rhodes. §3:72. Double-celling. §3:73. Summary of post Rhodes decisions. §3:74. Remedies for overcrowding. §3:75. Population caps. §3:76. Population caps and the Prison Litigation Reform Act. §3:77. Coleman v. Schwarzenegger. F. Idleness, programs, and rehabilitation. §3:78. Generally. §3:79. Situations where rehabilitation programs are constitutionally required. §3:80. Exclusion of inmates from established programs. §3:81. Conditions attached to participation in programs. G. Large-scale litigations: totality of the conditions, inadequate finances, and remedies. §3:82. Generally. §3:83. The totality of the conditions theory. §3:84. The defense of inadequate resources. §3:85. Remedies. §3.86: Standards for fashioning injunctive relief. §3.87: Remedies for violation of a court order. Ch. 4 - The eighth amendment : medical care. I. Introduction. §4:1. Generally. §4:2. Estelle v. Gamble. §4:3. Rights of pretrial detainees to medical care. §4:4. What is a "serious medical need?" II. Medical screenings and examinations. §4:5. Initial screening when entering facility. §4:6. Emergency care and sick call procedures. §4:7. Access to emergency care. §4:8. Sick call procedures. §4:9. Periodic examinations. §4:10. Necessary treatment. III. Specific types of care required. A. In general. §4:11. Facilities and equipment. §4:12. Staff. §4:13. Records. §4:14. Dental care. §4:15. Eye care. §4:16. Diet. B. Health needs of women. §4:17. Generally. §4:18. Pregnancy. §4:19. Abortion. C. Mental health. §4:20. Generally. §4:21. Restriction on use of isolation. §4:22. Transfers to psychiatric institutions. §4:23. Discharge planning. §4:24. Suicide. D. Addiction treatment. §4:25. Drug and alcohol treatment an treatment for tobacco addiction. E. Disabilities. §4:26. Disabled prisoners. §4:27. Prisoners and the Americans with Disabilities Act. F. Aids. §4:28. Generally. §4:29. Testing and screening. §4:30. Involuntary testing. §4:31. Right to have a test upon request. §4:32. Segregation. §4:33. Access to programs and services. §4:34. Confidentiality. §4:35. Treatment. G. Other conditions. §4:36. Transsexuals. IV. Experimentation and a prisoner's right to refuse treatment. §4:37. Experimentation and research. §4:38. Right to refuse treatment. §4:39. Forced feeding, compulsory tuberculosis testing, and other forced treatments. V. Payment for medical care. §4:40. Prison copayment plans for medical care. VI. Large scale litigation. §4:41. Risk of a class action in the post-PLRA era: Plata v. Schwarzenegger. Ch. 5 - Equal protection clause - discrimination issues. I. Introduction. §5:1. Generally. §5:2. The theory of equal protection and equal protection standards. II. Equal protection applied. A. In general. §5:3. Generally. B. Racial and ethnic discrimination. §5:4. Generally. §5:5. Ethnic discrimination. §5:6. Racial discrimination. §5:7. Segregation. §5:8. Discrimination in provision of services and sanctions. §5:9. Harassment. C. Sexual discrimination. §5:10. Generally. §5:11. Standard of review. §5:12. Comparing discrete prison conditions. §5:13. The "parity" cases. §5:14. Segregation. Includes preface, summary of contents, table of contents and the 2016-2017 supplement.