NCJ Number
105911
Journal
North Carolina Insight Volume: 9 Issue: 3 Dated: (March 1987) Pages: 29-37
Date Published
1987
Length
19 pages
Annotation
Class action suits initiated by inmates represent the most serious threat of Federal intervention in the history of the State prison system of North Carolina.
Abstract
In 1948, the Supreme Court (Price v. Johnston) ruled that Federal inmates could ask relief from violations of the eighth amendment. In 1962, Federal courts applied eighth amendment protection to State prisoners. Plaintiffs alleging violation of civil rights now can bring lawsuits directly to Federal courts. In 1987, the entire prison systems of nine States are under court order, 28 are partially under court order, and four are under litigation for overcrowding. Hubert v. Ward et al., challenged conditions in road camp prisons; North Carolina settled out of court, promising reforms costing $12.5 million. Because legislatures object to higher taxes or fewer incarcerations, inmates turn to Federal courts for relief. Court action provides the leverage for prison reform that State bureaucrats desire but cannot win from legislatures. 1 table, 26 footnotes, and 5 illustrations.