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2 Fed. Prisons J. 41 (1991-1992)
Conditions of Confinement Suits

handle is hein.journals/fedprsj2 and id is 139 raw text is: Summer 1991 41 Conditions of Confinement Suits What has the Bureau of Prisons learned? Scott Styles For more than 60 years the Federal Cai-, Bureau of Prisons (BOP) has succeeded OF THE U RiU Ayl in avoiding major judicial intervention to ( .2 / , . correct conditions of confinement in its /'/asd.AeM,,[ 'g2 Q/7, facilities. In contrast to many State . 4.i C. ' ' correctional systems, the BOP has a'j ,, effectively implemented policies and procedures to address conditions of,.,,, confinement that could potentially lead to o A serious litigation. These measures have RRE&OL made it difficult for inmates to prove that .11,7 t.. conditions of confinement in Bureau - . facilities are unconstitutional. As the Bureau enters a new decade, M , however, and with no abatement in the increase of the inmate population in ..., .--. --- sight, common sense recommends an increase in vigilance over conditions in 77 d. BOP facilities. If the Bureau cannot remain one step ahead of litigation, then it will jeopardize what it takes pride in maintaining: credible, independent management. Reviewing State facilities' experiences with conditions of confine- ment suits, and those of the Bureau, can provide insight into how the Bureau might preserve its reputation and avoid judicial intervention. History of judicial intervention Before the 1960's, courts did not view it as their province to intervene in the internal affairs of America's prisons. Inmates whose grievances were not settled by their wardens could not expect sympathy from the courts. As recently as 1954, courts commonly held in favor of administrators, as the Federal circuit court did in Banning v. Looney: [judges do not have] the power to supervise

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