This chapter provides information about your rights in prison. We mostly focus on constitutional rights but provide some information about federal and state statutory rights as well. Sections A through G explain what types of actions violate prisoners’ rights, and Sections H through K provide information for specific groups of prisoners, including women, transgender people, pretrial detainees and immigration detainees. Finally, Section L provides an introduction to international law protections for people in prison.
Chapter Three: Table of Contents
Section A Your First Amendment Right to Freedom
of Speech and Association
Section B Your Right to Practice Your Religion
Section C Your Right to be Free from Discrimination
Section D Your Procedural Due Process Rights
Regarding Punishment, Administrative
Transfers, and Segregation
Section E Your Right to Privacy and to be Free
from Unreasonable Searches and Seizures
Section F Your Right to be Free from Cruel
and Unusual Punishment
Section G Your Right to Use the Courts
Section H Issues of Importance to Women in Prison
Section I Issues of Importance to LGBTQ+ People
and People Living with HIV/AIDS
Section J Issues of Importance to Pretrial Detainees
Section K Issues of Importance to Non-Citizens
and Immigration Detainees
Section L Protection of Prisoners Under
International Law
Throughout this chapter, you will see small text boxes entitled “the rule” and “the basics.” The “rule” boxes set forth the actual legal standard that a court will apply to consider your case. We have included these only in those places where there is a clear legal rule. The “basics” boxes are summaries of the practical impact of the law on common prison issues. They are not legal standards.
Be very careful to check for changes in the law when you use this chapter (and the rest of the JLH). This Handbook was completely revised and updated between 2018 and 2019. However, one of the exciting but frustrating things about the law is that it is constantly changing. New court decisions and laws will change the legal landscape significantly in the future.
It is important to make sure a case is still “good law,” which is known as “Shepardizing.” This is explained in Chapter Seven. You can also write to prisoners’ rights and legal organizations listed in Appendix I for help. Groups which can’t represent you may still be able to help with some research or advice.
The online version of this handbook has hyperlinks for some cases. These are accessible at the JLH website, and the links are included in case a relative or friend can print out relevant materials and mail them to you.
Some cases have legal citations to Lexis or Westlaw, which are paid legal research services. Sometimes cases only have a Lexis or Westlaw citation and no other legal citation. Where possible, we have included a link to the original opinions for these cases so you do not need to pay to access them. We have tried to make all that we can available, so they can be printed and sent to people in prison.