A Legal Analysis of Inmates’ Section 1983 Lawsuits Challenging Exposure to Environmental Contaminants

• In Event: Conditions in Prisons

Abstract

Prison officials possess a duty under the Eighth Amendment to provide for the basic human needs to those entrusted into their custody. At an increasing rate, however, prisoners are suing correctional officials for exposure to environmental containments and toxic prison conditions. These lawsuits occur because inmates are exposed to poisonous chemicals, contaminated drinking water, and other toxins in correctional facilities. This paper uses an inductive, qualitative legal approach to analyze cases from the federal courts where inmates have sued for exposure to environmental contaminants. Policy implications and directions for future research are discussed.

Authors

• Jazmin Esmeralda Palacios, Sam Houston State University

• Miltonette Craig, Sam Houston State University

• Michael S. Vaughn, Sam Houston State University