ABSTRACT
The problem of prisoners and prisoners’ lawsuits has been endemic in the United States criminal justice system for decades now. That problem will not soon go away. The number of prisoners in the United States continues to grow each year. The April 23, 2008, issue of the New York Times had this article: “Inmate Count in U.S. Dwarfs other Nations.” It states that “the United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners.”1 It also says the following:
Access to court is a highly protected right in the United States. This includes access to court by prisoners and whoever might be in detention. This basic constitutional right and the burgeoning prison population create a perfect storm for prison litigation. This chapter looks at the more important prison law cases, their facts, issues, holdings, and case significance.
