Prisoners\u27 Rights Litigation: An Examination into the Appurtenant Procedural Problems

Although a prisoner has been duly tried, convicted, and sentenced, he is not divested of all constitutional rights after the prison gates close behind him. Except to the extent that the recision or restriction of certain rights is a necessary concommitant of incarceration, justified by considerations underlying the penal system, all other constitutionally protected rights are retained in prison. When these rights are violated by conditions of confinement, federal judicial review of internal prison practices may be sought by invoking one of two procedures provided by Congress for the redress of such violations. This paper explores the emerging procedural issues confronted by state prisoners seeking vindication of their constitutional rights in the context of a habeas corpus petition and a suit under the Civil Rights Act