Abstract
This annual survey examines important prisoners' rights cases decided by the U.S. Courts of Appeals during 2011. These cases addressed constitutional questions about inmate-on-inmate violence, lockdowns, delayed medical care, custodial suicide, gender identity disorder, excessive staff force, unsolicited mail, religious dress and diets, impermissible staff retaliation, cross-gender searches, and procedural due process. In addressing these constitutional questions, the U.S. Courts of Appeal created new law and/or applied clearly established law. Because the U.S. Supreme Court will only rarely grant certiorari to appellants, the U.S. Courts of Appeals remain the de facto courts of last resort for all but a few prisoners who challenge the constitutionality of the manner of their confinement.
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