ABSTRACT
The preceding chapters have described various constitutional rights that offenders retain while they are incarcerated or on probation or parole. This chapter outlines, in general terms, the judicial remedies that exist to vindicate past violations and to prevent future deprivations of those rights. The chapter begins with an overview of the hands-off doctrine used by the courts until the mid-twentieth century. During this time, the federal judiciary was hesitant to interfere with the administration of prisons. Today, however, numerous avenues are available to inmates who claim their constitutional or statute-granted rights were violated. The vast majority of court cases discussed in this book began as § 1983 or habeas corpus lawsuits. The topics discussed in this chapter include federal remedies, state remedies, barriers to inmate lawsuits, settlement agreements, damages, injunctive relief, the various immunity defenses, declaratory judgments, habeas corpus, and contempt of court.
