6 documents
1st Amendment — Free Speech, Religion, Petition
U.S. Const. amend. I
Protects free exercise of religion, free speech, and right to petition government for redress of grievances. Applies in prison subject to reasonable penological interests (Turner v. Safley).
4th Amendment — Searches and Seizures
U.S. Const. amend. IV
Limited in prison context. Hudson v. Palmer (1984) held that prisoners have no reasonable expectation of privacy in cells.
5th Amendment — Due Process and Self-Incrimination
U.S. Const. amend. V
Prohibits compelled self-incrimination and double jeopardy. Federal due process protections.
6th Amendment — Right to Counsel and Speedy Trial
U.S. Const. amend. VI
Guarantees right to counsel, speedy and public trial, confrontation of witnesses.
8th Amendment — Cruel and Unusual Punishment
U.S. Const. amend. VIII
Prohibits cruel and unusual punishment. Foundational to most prison conditions litigation (Estelle v. Gamble, Farmer v. Brennan, Brown v. Plata).
14th Amendment — Due Process and Equal Protection
U.S. Const. amend. XIV
Applies federal due process and equal protection to state actions. Critical for state prison litigation.