An inmate is housed in a state prison for committing a state offense. The inmate has noticed that the conditions of his confinement are quickly deteriorating. The state is placing more than two inmates in a cell, the state is cutting back on rehabilitative and wellness programs, and there have been a number of recent occasions when he was verbally and physically abused by prison staff. If the inmate desires a remedy to these conditions, he might (s)he file?

Question

Quizplus · Accepted Answer

Filing a civil action under 42 U.S.C. § 1983 is the best option for the inmate to seek a remedy for the deteriorating conditions in the state prison. This law allows individuals to sue government officials for violating their constitutional rights while acting under color of law. The inmate can allege that his/her Eighth Amendment rights to be free from cruel and unusual punishment have been violated due to the overcrowding, lack of programs, and abuse by prison staff.

An Inmate Is Housed in a State Prison for Committing