26-h-1 Constitutional Rights

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

26-H-1. Constitutional Rights

The Fourteenth Amendment may protect you from being discriminated against for having an infectious disease. For example, your rights under the Equal Protection Clause of the Fourteenth Amendment prohibit discrimination by the state that is not rationally related to a legitimate purpose.¹⁶⁰ The Due Process Clause of the Fourteenth Amendment forbids the prison facility from taking away your life, liberty, or property without due process of law.¹⁶¹ The Eighth Amendment protects you from "cruel and unusual punishment."¹⁶² Keep in mind, however, that the courts balance these constitutional rights against legitimate penological interests,¹⁶³ which may allow prison officials to lawfully infringe upon your rights. Prison policies are valid if they are reasonably related to a legitimate penological interest; however, the prison is required to use the least restrictive means of achieving the goals of the policy.¹⁶⁴

If you bring a suit challenging a prison practice under the Fourteenth Amendment's Due Process Clause, you must prove you were entitled to something the prison took away.¹⁶⁵ Any entitlement must be created by state law. If you think you are entitled to something, you should first determine whether or not a state statute or regulation gives you a right to that entitlement. Also know that prison officials can treat prisoners with infectious diseases differently from other...