Inmates' Civil Rights Cases and the Federal Courts: Insights Derived from a Field Research Project in the Eastern District of California

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Authors

Mueller, Kim

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1995

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28

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Journal Article

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INTRODUCTION|In the Spring of 1994, crime topped the public's list of concerns. In response, measures designed to lock more people up - like "three strikes and you're out" - moved to the top of political agendas. Riding on the same wave of anti-crime and anti-criminal fervor, elected officials nationwide introduced a range of measures to eliminate rights and privileges previously enjoyed by inmates already incarcerated. A special target of the political wrath was inmates' civil rights litigation filed under 42 U.S.C. ยง 1983 ("Section 1983"). State legislatures passed bills erecting higher barriers to inmates' access to the courts. Both houses of Congress introduced similar measures, some of which became law in 1994.|In the quieter chambers of the federal judicial branch, inmate cases also were the focus of attention, for different reasons and certainly not as a new sensation. For the last fourteen years at least,the federal courts have faced a growing caseload and workload challenge posed by inmate cases filed under Section 1983. By 1992, these filings numbered nearly 30,000, and constituted 13% of the courts' total civil case filings nationwide...

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28 Creighton L. Rev. 1255 (1994-1995)

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Creighton University School of Law

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