Get Program Statement 5100.08, Inmate Security ... - U.S. Courts - Lb9 Uscourts

Prisoners' rights have four legal foundations: the U.S. Constitution, federal statutes, states constitutions, and state statutes.

The eighth amendment provides prisoners with limited rights of protection against cruel and unusual punishment during the course of confinement. These rights extend to the existence of humane living conditions, adequate medical care, and protection from violence by other inmates.

The Supreme Court has said that the Eighth Amendment (and the Fourteenth Amendment) requires prison officials to provide humane conditions of confinement. That obligation includes a responsibility to provide adequate food, clothing, shelter, sanitation, medical care, and more in the prison or jail setting.

Courts have held that the Equal Protection Clause of the 14th Amendment has been held to apply to prison inmates so prisoners are protected against discrimination or unequal treatment based on race, sex, religion, age, national origin, and creed.

The Right to Due Process Prisoners continue to have due process rights if they are subject to disciplinary proceedings while incarcerated. For example, an inmate has the right to be notified of their charges against them in advance of a hearing on the matter.

Fourteenth Amendment of the US Constitution -- Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.

The ACLU's National Prison Project fights to protect the Constitution's guarantee that individuals who are incarcerated retain basic rights, including the right to free speech, the freedom to practice their religion, and the right to access the courts and counsel. In Turner v.