Prisoner Rights

Federal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full constitutional rights, they are protected by the Eighth Amendment's prohibition against cruel and unusual punishment.

This protection also requires that an Incarcerated Person be afforded a minimum standard of living.

Regardless, prisoners retain some constitutional rights, such as due process in their right to administrative appeals and a right of access to the parole process.

Additionally, the Equal Protection Clause of the Fourteenth Amendment applies to prison inmates, protecting them against unequal treatment on the basis of race, sex, and creed.