Litigating Incarcerated People’s Rights Throughout the Past 50 (Plus) Years

This program will explore the evolution of litigation protecting the rights of incarcerated people over the past five decades, examining key developments in federal and New York law and the continuing role of advocates in shaping those protections.

The program will begin with an examination of § 1983 practice, including significant federal cases that have shaped prison litigation in New York and the impact of the Prison Litigation Reform Act (PLRA). The discussion will then turn to litigation under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, focusing on how these federal statutes can be used to safeguard the rights of incarcerated individuals with disabilities.

The program will also examine Article 78 practice and administrative disciplinary proceedings, tracing developments from Wolff v. McDonnell, 418 U.S. 539 (1974), through more recent cases addressing the rights of incarcerated people following enactment of the Humane Alternatives to Long Term Confinement (HALT) Act in 2022.

Finally, the program will address immigration removal defense and habeas corpus litigation, providing an overview of the evolution of immigration law affecting individuals incarcerated in state custody and those detained in federal custody. This session will highlight recent developments and innovative litigation strategies used by immigration advocates to shape the law affecting people in custody.

The program will conclude with an opportunity for audience questions and closing remarks.