The MacArthur Justice Center’s Supreme Court and Appellate Program is proud to launch its State Appellate Project which focuses on state courts of appeal and state supreme courts as fora to vindicate the rights of incarcerated people. The project is a response to the U.S. Supreme Court’s increasing resistance to upholding and extending the civil rights of the most vulnerable among us.

As part of this new initiative and in collaboration with Rights Behind Bars, the MacArthur Justice Center has gathered information from all 50 states and the District of Columbia. Hover over a state to see our research on that state, which includes:

  • The text of each state’s equivalent to the federal Eighth Amendment, the Prison Litigation Reform Act, and 42 U.S.C. §1983.
  • The makeup of the state supreme court.
  • The text of relevant state tort statutes.
  • Whether the state recognizes an implied cause of action for constitutional violations.

Select a state

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Hawaii
Idaho
Illinois
Iowa
Georgia
Indiana
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Mississippi
Montana
Nebraska
New Hampshire
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oregon
Oklahoma
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Washington D.C.
Wyoming
D.C.

This information provides a starting point for analyzing potential opportunities and obstacles that state constitutional and statutory law create for the rights of incarcerated people. We hope this information is helpful to those in the prisoners’ rights community and beyond.

Our information is not complete, and we anticipate adding to this site as we continue our research. If you find an error or have an addition you would like to suggest, please let us know by emailing [address].