NEW FEDERALISM, OLD REMEDIES, AND CORRECTIONS POLICYMAKING

Candace McCoy

Review of Policy Research, 1982, vol. 2, issue 2, 271-278

Abstract: Corrections litigation is changing, but new case law does not authorize a wholesale cutback of prisoner constitutional rights. Supreme Court cases urge a return to traditional compensatory damages as the remedy for unconstitutional acts and conditions. Monitoring of state correctional performance by federal courts is disfavored. The author believes that basic rights of prisoners will remain protected, but that systematic planning and exemplary programs will erode. Under the money damages model, legal reform should thus urge waiver of the state sovereign immunity provided by the Eleventh Amendment.

Date: 1982
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