Question 1

Prisoners file lawsuits under &#167; 1983 for which of the following reasons?&#10;A) To gain early release from their sentence.&#10;B) To set aside a criminal conviction.&#10;C) To obtain a money judgment or equitable relief.&#10;D) None of the above.

Accepted Answer

Prisoners file lawsuits under § 1983 to obtain a money judgment or equitable relief, such as improved conditions of confinement, medical care or physical accommodations, or protection from unconstitutional actions by prison officials. It is not a means for early release from their sentence or to set aside a criminal conviction.

Question 2

The Americans with Disabilities Act (ADA) applies to prisoners by what legal basis?&#10;A) Specific provisions of the Act.&#10;B) Executive order of the President.&#10;C) U.S. Supreme Court interpretation of the Act.&#10;D) The ADA does not apply to persons who are incarcerated.

Accepted Answer

The U.S. Supreme Court has interpreted the Americans with Disabilities Act (ADA) to apply to prisoners, ensuring they are protected under this legislation.

Question 3

The standard of determining liability for HIV/AIDS cases is which of the following?&#10;A) Deliberate indifference.&#10;B) Negligence.&#10;C) Gross negligence.&#10;D) None of the above.

Accepted Answer

Deliberate indifference is the standard of determining liability for HIV/AIDS cases. This means that a person can be held liable for transmitting HIV/AIDS to another person if they knew or should have known that they were infected and they acted with deliberate indifference to the risk of transmission.

Question 4

What case found conditions of confinement in an entire state prison system were in violation of the Eighth Amendment prohibition against cruel and unusual punishment?&#10;A) Rhodes v. Chapman (1981), over Ohio prisons.&#10;B) Estelle v. Gamble (1976), over Texas prisons.&#10;C) Geder v. Godinez (1995), over Illinois prisons.&#10;D) Holt v. Sarver (1970), over Arkansas prisons.

Accepted Answer

Holt v. Sarver (1970) was a landmark case where the federal courts found the conditions of confinement in the Arkansas prison system to be in violation of the Eighth Amendment's prohibition against cruel and unusual punishment. This case was significant in prison reform, highlighting the need for systemic changes to ensure humane treatment of inmates.

Question 5

It is difficult for prisoners to prevail when complaining of conditions of confinement as a result of which of the following legal standard?&#10;A) Issuance of a protective order.&#10;B) The use of the standard of deliberate indifference.&#10;C) Sovereign immunity.&#10;D) Enactment of the PLRA.

Accepted Answer

The legal standard of deliberate indifference is often used when evaluating prisoner complaints about conditions of confinement. This standard requires that prison officials must be shown to have acted with a knowing or reckless disregard for the potential harm to the prisoners. This can make it difficult for prisoners to prevail in these types of cases. The other options listed (issuance of a protective order, sovereign immunity, and enactment of the PLRA) are not directly relevant to this issue.

Question 6

What standard has the U.S. Supreme Court applied to claims of failure to protect prisoners from harm?&#10;A) Strict liability.&#10;B) Negligence.&#10;C) Deliberate indifference.&#10;D) None of the above.

Accepted Answer

The U.S. Supreme Court has applied the standard of deliberate indifference to claims of failure to protect prisoners from harm. This standard requires a showing that prison officials acted with deliberate indifference to a known or obvious risk of harm to the inmate. Merely showing negligence or strict liability is not enough to establish a violation of a prisoner's constitutional rights under the Eighth Amendment.

Question 7

The courts have not yet applied the deliberate indifference standard used to medical care claims to those regarding psychological treatment.

Accepted Answer

Courts have applied the deliberate indifference standard to claims regarding both medical and psychological treatment, recognizing that inmates have a right to adequate healthcare, which includes mental health care.

Question 8

Prisoners are no more likely than those in the general population to be diagnosed with HIV/AIDS.

Accepted Answer

Prisoners are at a higher risk of being diagnosed with HIV/AIDS compared to the general population due to factors such as higher rates of drug use, tattooing with non-sterile equipment, and unprotected sexual encounters within the prison environment.

Question 9

The &#34;three strikes&#34; provision of the PLRA means that prisoners who have three strikes must serve their full sentence.

Accepted Answer

The "three strikes" provision of the Prison Litigation Reform Act (PLRA) limits the ability of prisoners to file lawsuits if they have had three prior lawsuits dismissed for being frivolous, malicious, or failing to state a claim upon which relief can be granted. It does not relate to serving their full sentence.

Question 10

Prisoners have no reasonable expectation of privacy in prison cells.

Accepted Answer

Courts have consistently ruled that prisoners do not have a reasonable expectation of privacy in their cells, as the state has a legitimate interest in maintaining security and order within the prison. This means that prison officials can search cells and confiscate items without a warrant or probable cause.

Deck 11: Section 1983 and Correctional Liability Issues