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9 Stetson L. Rev. 406 (1979-1980)
Products Liability: Motorcycle Design-The Outer Limits of Crashworthiness

handle is hein.journals/stet9 and id is 416 raw text is: Stetson Law Review

stitutional needs and objectives and the provisions of the Con-
stitution that are of general application.89 The Wolfish Court
retreated from this earlier position. Instead of a mutual ac-
commodation, the accommodation will be made solely by the
detainee because of the Court's ultimate deference to the judg-
ment of correctional administrators.
The Court should have balanced the harm to the individ-
ual detainee against the importance of the regulatory objective
and the necessity for the particular means selected. Because
personal rights were involved, the government should have
been required to show a substantial or compelling necessity for
the particular practice.
An objective standard such as the one in Mendoza-Marti-
nez should have been applied to determine if a particular
practice or series of practices constituted punishment. Such a
standard would provide specific inquiries which a court should
make regarding a practice of a correctional institution.
The Wolfish Court has now relinquished the protection of
detainees' rights to prison officials as long as the prison ad-
ministrators are not shown to have an intent to punish. Show-
ing this intent will usually prove to be an insurmountable bur-
den for the detainees.0 Thus, pretrial detainees have been
abandoned by the Wolfish Court and now have virtually no
protection of their constitutional rights, beyond what prison
administrators provide, and little hope of having courts re-
spond to their complaints in the future.
Nicolodi v. Harley-Davidson Motor Co., 370 So. 2d 68 (Fla. 2d
DCA 1979)
Nicolodi suffered serious injuries, losing one leg, when the

89. 418 U.S. at 556.
90. Id. at 1888 (Marshall, J., dissenting).


[Vol. IX

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