The Growth of Litigation in the Prison System
             Up until the late 60's courts used the hands on doctrine to run prisons, allowing prison official to perform duties at their own discretion. It was believed that prisoners lost most of their rights including the right to vote, marry, ECT. Luckily this doctrine ended in 1969. Judges started to examine the conditions in prisons to see if they complied with the constitutional rights of the offenders. From 1960- mid 1980's courts played a large part in altering policies and practices.
             "In 1974 the US Supreme Court case of Pell v. Peocunier (72) established a "balancing test" which, although original addressing only first amendment rights, eventually served as a guideline generally applicable to all prison populations". (Schmalleger 551) The (CRIPA) Civil Rights of Institutionalized Persons Act of 1980 continued to protect the legal rights of prisoners. All rights do not apply to prisoners, their rights are conditional only. A good example in the text book is the right to bear arms. Imagine every prisoner having a weapon. There would be no order along with any protection for the prisoners or prison officials.
             The Prison Litigation Reform Act of 1996 came into effect to help reduce the number of frivolous lawsuits. In 1996 some 68, 235 civil rights lawsuits were filed, that is quite a jump from the 2,000 filed in 1961 and the 17,000 in 1075. Some suits were completely ridiculous such as suing over not getting a dinner roll, or no T.V. in their cell, not being provided with birth control, and going to chapel naked to exercise their right of religious freedom. It is these frivolous suits that create a backup in the court system along with a great expense to taxpayers. "The National Association of Attorneys General which supports efforts to restrict these frivolous suits estimates that law suits filed by prisoners costs state more than $81
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