COR 282 COURT CASES

Howes v. Fields (2012)

(in jail for disorderly conduct, found guilty of sex with a minor) an inmate who is questioned by police in private (about conduct outside of prison) is not in custody

Estelle v. Gamble(1976)

. Deliberate indifference towards inmate medical care is cruel and unusual punishment

Roger v. Simmons

Death penalty for persons that committed the crime when they were under 18yrs is cruel and unusual punishment and violates the 8th amendment

Miranda v. Arizona (1966)

Decision of the supreme court ruled that statements made by person (during interrogation) cannot be used as evidence unless they can prove that the person was informed of their right to counsel and right against self incrimination.

Hudson v. Palmer (1984):

Did the search of inmates cell and locker violate the 4th amendment? Holding- No, because inmates have no expectation of privacy regarding cell and locker. However, searches cannot be conducted to harass or humiliate inmates

Katz v. US:

FBI places recording device in phone booth (no warrant obtained) ; Holding- kats had an expectation of Privacy, therefore, recording device was an unreasonable search in violation of the 4th amendment.

Hamilton v. Scriro

Inmate denies a sweat lodge for religious cleansing and purification (no first amendment violation)

Ford v. Wainwright

Inmate determined to be insane after his conviction; no insanity plea at trial;

Prins V. Coughlin

Inmates did not like kosher food (no first amendment free exercise religion violation)

Cruz v. Beto

Inmates must be given reasonable rights to practice their religion even if it doesnt fit into the mainstream idea of what religion is (i.e atheism, satanism, cult, etc)

Kerr v. Farrey

Jail required prisoner to attend a narcotics anonymous program or suffer a classification change to a high security risk (action violates the first amendment because program was religiously based and referred to God as a "higher power"

Gittlemacker v. Prasse

Jewish inmate denied the regular services of a Rbi; warden attempted to hire one per diem but couldn't (no first amendment violation)

Torts (civil wrong)

Lawsuit seeking monetary damages for inquires or losses sustained b/c of wrongful action by employees (ex: personal injury, property damages, medical)

Writ of Habeas Corpus

Petition by prisoner seeking release from custody b/c of some illegality to their confinement (ex: wrong person, no due process, wrongly put in solitary)

Jones V. N.C Prisoner Labor Union

Prisoner prohibited from creating or joining a labor union in jail (no violation of freedom of speech, or freedom of assembly)

NYS Taylor Law (1967)

Right to organize 2. Employees to be represented by employee organization 3. Required public employees to negotiate tenter into agreements w/ public employee organization (city and state must negotiate w/ unions 4. Prohibits improper practice (legal protection from discrimination because of union activity) 5. Prohibits strikes by public employee 6. Created impasse (cant go any further) procedure

42 USC Section 1983

complaints by prisoners alleging violations of constitutional rights and asking for injunctive relief Court Actions A- restrictive injunctions- orders to stop doing things B- mandatory injunctions- orders requiring things to be done that should've been done.

Salem v. Helm

disproportionate prison sentences are cruel and unusual punishment and violates the 8th amendment

Carpenter v. Wilkinson

prisoner denied satanic bible because it was inflammatory and created safety and security concerns (no first amendment free exercise of religion violation)

Pell v. Procunier

prisoners denied face to face interviews (no violation of first amendment freedom of press)

wolff v. mcdonnel

supreme court held that inmates retain some due process rights while incarcerated)