Posted: December 10th, 2015

Discuss the significance of the Prison Litigation Reform Act (PLRA).

Prisoners

Lesson 8 Assignment
Content
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Chapter 13
I. Define the following key terms:
o    “Hands-off” doctrine
o    Habeas Corpus
o    Personal Capacity Suits
o    Standing
o    Executive Immunity
o    Qualified Immunity
o    Sovereign Immunity
II. Provide Answers to the following:
1.  Discuss the importance of The Eleventh Amendment.
2.  Discuss the Court’s ruling in Alabama v. Pugh.
3.  Discuss the significance of the Prison Litigation Reform Act (PLRA).
4.  A prison official who is sued for violating prisoners’ constitutional rights may assert the defense that he or she is protected by immunity.  Explain.
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Chapter 14
I. Fill-in-the blanks.
1. During the past 20 years there has been a virtual explosion of ____ in federal courts by prisoners challenging the conditions of their ____.
2. The 1996 ____ Act was intended to have a substantial impact in limiting prison litigation and in curtailing the interference of federal judges in state and local correctional systems.
II. Essay Questions:
1. Explain the federal legislative responses to the remarkable increase in prisoner lawsuits.
2. Many lawsuits are filed by indigent inmates. What does this mean and why is it a concern for taxpayers?
3. What happens under the PLRA if a prisoner files a frivilous claim?
4. Define “Prospective Relief”.
5. What happens if a prisoner cannot pay a filing fee under the PLRA?
6. What happens if a prisoner files a lawsuit without merit?

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Chapter 15
1. Review the Americans with Disabilities Act in your text.  Discuss the importance of this legislation as it applies to prisoners and correctional administrators.  (your response should include discussion of Title II and FLSA)
2. Discuss the ruling in Payton v. United States – provide a summary of the case specifics and the decision.
3. Prison litigation is extremely confusing as the law is no longer determined solely by the Constitution.

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