Chapter 4

Question 1

Absolute Immunity

Answer 1

Protection that exists for those persons who work in positions that require unimpaired decision-making functions

Question 2

Baxter v. Palmigiano (1976)

Answer 2

The distinction between prison disciplinary proceedings and genuine courtroom affairs was directly addressed. The Court noted that inmates do not have the right to either retained or appointed counsel for disciplinary hearings that are not part of an actual criminal prosecution

Question 3

Bell v. Wolfish (1979)

Answer 3

Supreme Court case ruling that the use of body cavity searches of inmates after contact visits is permissible. Prison staff may search inmates’ quarters in their absence. Double bunking does not deprive inmates of their liberty without due process law

Question 4

Bounds v. Smith (1977)

Answer 4

Supreme Court held that even when prison policies allow jailhouse lawyers to provide assistance to other inmates, prison systems must still provide inmates with either adequate law libraries or adequate legal assistance from person trained in the law

Question 5

Compensatory Damages

Answer 5

Payments for the actual losses suffered by a plaintiff

Question 6

Consent Decree

Answer 6

An injunction against both individual defendants and their agency

Question 7

Cooper v. Pate (1964)

Answer 7

Supreme Court case ruling that state prison inmates could sue state officials in federal courts under the Civil Rights Act of 1871

Question 8

Cruz v. Beto (1972)

Answer 8

Supreme Court case ruling that inmates must be given reasonable opportunities to exercise their religious beliefs

Question 9

Declaratory Judgment

Answer 9

A judicial determination of the legal rights of the person bringing suit

Question 10

Defamation

Answer 10

An invasion of a person’s interest through his/ her reputation. In order for this to occur, some form of slander or libel must have occurred against the aggrieved individual

Question 11

Emotional Distress

Answer 11

refers to acts (either intentional or negligent) that lead to emotional distress of the client

Question 12

Estelle v. Gamble (1976)

Answer 12

Deliberate indifference to inmate medical needs constitutes cruel and unusual punishment and is therefore unconstitutional

Question 13

Ex Parte Hull

Answer 13

Supreme Court case ruling that marked the beginning of the end for the hands-off doctirne

Question 14

Farmer v. Brennen (1994)

Answer 14

Supreme Court case ruling holding that a prison official is not liable under the 8th Amendment for injury inflicted on an inmate by another inmate unless it can be determined that the prison official knew of the excessive risk of hard to that inmate and that the official chose to disregard that harm.

Question 15

Gregg v. Georgia (1976)

Answer 15

Supreme Court case ruling holding that death penalty statutes that contain sufficient safeguards against arbitrary and capricious imposition are constitutional

Question 16

Good Faith Defense

Answer 16

In state tort cases, the person acted in the honest belief that the action taken was appropriate under the circumstances. In Section 1983 cases, the officer did not violate a clearly established constitutional or federal right of which a reasonable person should have known

Question 17

Hands-off Doctrine

Answer 17

A period of time during which the Supreme Court and the lower courts avoided intervening in prison operations

Question 18

Hudson v. Palmer (1984)

Answer 18

Supreme Court case ruling holding that prison cells may be searched without the need of a warrant and without probably cause. Prison cells are not protected by the 4th Amendment

Question 19

Injunction

Answer 19

A court order that requires an agency to take some form of action(s) or to refrain from a particular action or set of actions

Question 20

Intentional Tort

Answer 20

The actor, whether expressed of implied, was judged to have possessed intent or purpose to cause an injury

Question 21

Johnson v. Avery (1969)

Answer 21

Case where the Supreme Court held that prison authorities cannot prohibit inmates from aiding other inmates in preparing legal documents unless they also provide alternatives by which inmates are provided access to the courts

Question 22

Libel

Answer 22

Written or published communication intended to lower the reputation of the person who is discussed and where people in the community would find such facts to actually be damaging to that person’s reputation

Question 23

Malicious Prosecution

Answer 23

Occurs when a criminal accusation is made by someone who has not probable cause and who generates such actions for improper reasons

Question 24

Negligence

Answer 24

Doing what a reasonable prudent person would not do in similar circumstances or failing to do what a reasonable prudent person would do in similar circumstances

Question 25

O'Lone v. Estate of Shabazz (1987)

Answer 25

Case in which the Supreme Court held that the free exercise rights of a Muslim inmate were not violated when prison officials would not adjust the time of his work schedule. In other words, the Supreme Court ruled that depriving an inmate of attending a religious service for "legitimate penological interests" was not a violation of an inmate's 1st Amendment rights

Question 26

One hand on, one hand off Doctrine

Answer 26

more conservative rulings are handed down from the court, and this reflects an eclipse of the hands-off doctrine in American Corrections

Question 27

Prison Litigation Reform Act of 1995

Answer 27

Law that limits an inmates ability to file lawsuits and the compensation that they can receive

Question 28

Procunier v. Martinez (1974)

Answer 28

Prison officials may censor inmate mail only to the extent necessary to ensure security of the institution

Question 29

Punitive Damages

Answer 29

Monetary awards reserved for person harmed in a malicious or willful manner by the guilty party. These damages are often added to other damages due to the seriousness of the injury and/or to serve as a warning to others who might consider similar actions

Question 30

Rational Basis Test

Answer 30

Consists of four elements: 1) There must be a rational and clear connections between the regulation and the reason that is given for that regulation's existence 2) Inmates must be given alternatives means to practice a given right that has been restricted, when feasible 3) the means by which prison staff and inmates are affected must be kept as minimal as is realistically possible 4) when less restrictive alternative means of impeding upon an inmate's rights are available prison personnel must utilize alternative means

Question 31

Qualified Immunity

Answer 31

Requires that staff demonstrate three key aspects prior to invoking this form of defense against a suit: 1) the officer must show that he/she was performing a discretionary act, not one that was mandatory by agency policy 2) the officer must have been acting in good faith--that is, holding the sincere belief that his or her action was correct under the circumstances 3) the officer must have acted within the scope of his/her designated authority

Question 32

Religious Land Use and Institutionalized Persons Act of 2000

Answer 32

This act prohibits the government from substantially burdening an inmate's religious exercise

Question 33

Ruiz v. Estelle (1980)

Answer 33

This Supreme Court case ruled that the Texas prison system was unconstitutional, in violation of the 8th Amendment prohibition against cruel and unusual punishments. This case forever changed the prison culture of the state of Texas

Question 34

Slander

Answer 34

Verbal communication intended to lower the reputation of the person who is discussed and where people in the community would find such facts to actually be damaging to that person's reputation

Question 35

Tort

Answer 35

A legal injury in which the action of one person causes injury to the person or property of another as the result of a violation of one's duty that has been established by law

Question 36

Totality of Conditions

Answer 36

A standard used to determine if conditions in an institution are in violation of the 8th Amendment

Question 37

Turner v. Safley (1987)

Answer 37

A prison regulation that impinges on inmate's constitutional rights is valid if it is reasonably related to legitimate penological interests

Question 38

Vitek v. Jones (1980)

Answer 38

Inmates are entitled to due process in involuntary transfers from prison to a mental hospital

Question 39

Wilson v. Seiter (1991)

Answer 39

Deliberate indifference is required for liability to be attached for condition of confinement cases

Question 40

Wolff v. McDonnell (1974)

Answer 40

Inmates are entitled to due process in prison disciplinary proceedings that can result in the loss of good time credits of in punitive segregation