42 U.S.C. Sec. 1983 & Correctional Officials Liability: A Look to the New Century

Abstract

Recently there has been a tremendous increase in the number of state prisoner Sec. 1983 civil rights actions against correctional officials. At the same time the Supreme Court has embarked upon a course for decreasing correctional officials Sec. 1983 liability exposure. This course will be maintained: over the next years, the Court will demonstrate an increased concern for the competing obligations of correctional administration, and the Court will be less willing to criticize in hindsight the decisions of correctional officials. In fact, by the year 2,000 we will look back to the 1980's as the historical high point for such litigation. This article considers the legal change of course and presents a potential Sec. 1983 liability standard for the next century.

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