Recent Legal Developments

• Author: James E. Robertson
• Published date: 01 June 2013
• DOI: 10.1177/0734016813479081
• Date: 01 June 2013
• Subject Matter: Recent Legal Developments

Recent Legal Developments

Recent Legal Developments:

Correctional Case Law: 2012

James E. Robertson

1

Abstract

This annual survey examines important prisoners’ rights cases decided by the U.S. Courts of Appeals

during 2012. These cases addressed constitutional questions concerning sexual misconduct, health

care, custodial suicide, protections due informants, involuntary servitude, First Amendment free-

doms, and solitary confinement. In addressing these constitutional questions, the U.S. Courts of

Appeals created new law and/or applied clearly established law. Because the U.S. Supreme Court will

only rarely grant certiorari to appellants, the U.S. Courts of Appeals remain the de facto courts of

last resort for all but a few prisoners who challenge the constitutionality of the manner of their

confinement.

Keywords

prisoners’ rights, U.S. Courts of Appeals

‘‘While most public reportage and even scholarly research deals with the U.S. Supreme Court,’’

writes Cross (2007), ‘‘the circuit courts are much more important in setting and enforcing the law

of the United States’’ (p. 2). How so? Do the math, the Supreme Court hears some 75 cases a year.

By contrast, the 13 U.S. Courts of Appeals hear around 50,000 cases. Also, it is more than math,

whereas the U.S. District Courts hear more cases, their decisions are more fact based than those

of the U.S. Courts of Appeals, where, as Cross observes, it is ‘‘almost always about defining the

law,’’ setting precedent within a multistate jurisdiction, and in some instances, creating ‘‘persuasive

precedent’’beyond a circuit’s jurisdiction (p. 3). As demonstrated in this survey, prisoners’ rights are

not an exception to the rule.

In keeping with previous installments, this annual survey examines select prisoners’ rights cases

decided by the U.S. Courts of Appeals during 2012 and recommended for full-text publication in the

Federal Reporter, Third Series. The author chose these cases because they addressed persistent,

important, or emerging constitutional issues about confinement in jails and prisons. Because a sum-

mary judgment for the defendants in these cases typically led to their appeal, the factual summaries

of cases discussed herein reflect the practice of the U.S. Courts of Appeals in such instances to view

all facts and draw all inferences in the light most favorable to the plaintiffs. As in past, this

1

Minnesota State University, Mankato, MN, USA

Corresponding Author:

James E. Robertson, Minnesota State University, 113 Armstrong Hall, Mankato, MN 56001, USA.

Email: james.robertson@mnsu.edu

Criminal Justice Review

38(2) 256-270

ª2013 Georgia State University

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DOI: 10.1177/0734016813479081

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