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David L. Hudson, Alan Marzilli's Prisoners' Rights PDF

By David L. Hudson, Alan Marzilli

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60 As discussed with Porter v. Nussle, this provision does not provide adequate protection for those inmates who fear retaliation by prison officials if they blow the whistle on wrongdoing in the institution. 61 This provision sounds reasonable, but what may be frivolous to a federal judge may not be frivolous to an inmate whose freedom is curtailed 24 hours a day. 50 to an inmate’s account is frivolous, but that may constitute a significant portion of an impoverished inmate’s account. The meaning of frivolous is different for a free citizen than it is for an inmate.

In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. It is only such indifference that can offend evolving standards of decency in violation of the Eighth Amendment. Source: Estelle v. S. 97, 105-106 (1976).

Sometimes the courts would obtain control following an agreement between prison officials and the plaintiffs in order to settle lawsuits. An agreement sometimes allowed longterm monitoring by the courts. The PLRA changes that, however, because Congress felt that some judges were micromanaging prisons. The net result is that inmates lose the best protection they could have had. Traditionally, the federal judge has been the last line of defense for inmates. S. ”68 The PLRA takes control away from the judiciary by imposing new requirements on judges who seek to impose prospective relief, or relief extending into the future.

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