The Eighth Amendment and Prisoners' Rights: A Summary of Post-Campbell and Jackson Jurisprudence

Abstract

This brief paper was written for the William B. Bryant Inn of Court's February 2010 meeting. The Inn's theme for the 2009-2010 term was a review of some of the wide array of landmark cases that Judge Bryant either litigated as an attorney or presided over as a judge.

Chief Judge Bryant’s 1975 and 1976 decisions in Campbell v. McGruder and Inmates of DC Jail v. Jackson were the first in a series of cases that addressed DC prisoners’ complaints alleging Eighth Amendment violations of the protection against cruel and unusual punishment. This paper summarizes the developments in this area of law in the District of Columbia since those decisions.

Keywords: Eighth Amendment, Prisoners' Rights, District of Columbia, Prison, Jail, Overcrowding, Cruel and Unusual

JEL Classification: K40, K42, K49