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Organizational Compliance with Court-Ordered Reform

Published online by Cambridge University Press:  01 July 2024

Sheldon Ekland-Olson  and
Steve J. Martin
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Abstract

We present a detailed case study of administrative responses to litigated reform efforts directed at the Texas Department of Corrections over a two-decade period. We found that administrators attempted to maintain their organizational boundaries by: (1) controlling information; (2) using political connections in the broader community; (3) launching a judicial counterattack; and (4) exercising administrative prerogatives. Defiance of demands from the broader legal community was related to: (1) the organizational culture of the Texas prison system, which developed and existed in isolation not only from the federal courts but also from oversight by state officials; (2) pronouncements by the prison system's leadership that created a moral climate in which court-ordered reform could be readily defined by prison staff as illegitimate; and (3) ineffective control structures within the system that failed to respond to violations of the law by prison staff. Keeping the limitations of a single case study in mind, we close with a set of observations for addressing court-ordered organizational reform in a comparative framework.

Type
Research Article
Information
Law & Society Review , Volume 22 , Issue 2 , 1988 , pp. 359 - 383
Copyright
Copyright © 1988 by The Law and Society Association

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Footnotes

We would like to thank Richard Hawkins, James Jacobs, Michael Sharlot, and Mark Warr for their helpful suggestions during various stages of this research project. Funds from the Hogg Foundation and the School of Law at the University of Texas, Austin, were instrumental in allowing us to finish this project.

References

References

BARAK-GLANTZ, Israel L. (1985) “The Anatomy of Another Prison Riot,” in Braswell, M., Dillingham, S., and Montgomery, R. Jr. (eds.), Prison Violence in America. Cincinnati: Anderson Publishing Co.Google Scholar
BRAKEL, Samuel (1986) “Prison Reform Litigation: Has the Revolution Gone Too Far?,” 70 Judicature 5.Google Scholar
BRENNER, Steven N., and Earl A., MOLANDER (1977) “Is the Ethics of Business Changing?,” 55 Harvard Business Review 57.Google Scholar
EKLAND-OLSON, Sheldon (1986) “Crowding, Social Control, and Prison Violence: Evidence from the Post-Ruiz Years in Texas,” 20 Law & Society Review 389.Google Scholar
ENGEL, Kathleen, and Stanley, ROTHMAN (1983) “Prison Violence and the Paradox of Reform,” 73 The Public Interest 91.Google Scholar
FEELEY, Malcolm M., and Roger H., HANSON (1986) “What We Know, Think We Know and Would Like to Know About the Impact of Court Orders on Prison Conditions and Jail Crowding.” Presented at the meeting of the Working Group on Jail and Prison Crowding, Committee on Research on Law Enforcement and the Administration of Justice, National Academy of Sciences, Chicago.Google Scholar
GOFFMAN, Erving (1961) Asylums: Essays on the Social Situation of Mental Patients and Other Inmates. New York: Anchor Books.Google Scholar
HANDLER, Joel F. (1978) Social Movements and the Legal System: A Theory of Law Reform and Social Change. New York: Academic Press.Google Scholar
HARRIS, M. Kay, and D. P., SPILLER Jr. (1977) After Decision: Implementation of Judicial Decrees in Correctional Settings. Washington, DC: United States Department of Justice, Law Enforcement Assistance Association.Google Scholar
JACOBS, James (1980) “The Prisoners' Rights Movement,” in Morris, N. and Tonry, M. (eds.), Crime and Justice: An Annual Review of Research, Vol. 2. Chicago: University of Chicago Press.Google Scholar
Tonry, M. (1977) Stateville: The Penitentiary in Mass Society. Chicago: University of Chicago Press.Google Scholar
JONES, L. Ralph, and Richard R., PARLOUR (eds.) (1981) Wyatt v. Stickney Retrospect and Prospect. New York: Grune & Stratton.Google Scholar
KRAJICK, Kevin (1978) “Profile Texas,” Corrections Magazine (March), 5.Google Scholar
McCLEERY, Richard H. (1961) “The Governmental Process and Informal Social Control,” in Cressey, D. R. (ed.), The Prison: Studies in Institutional Organization and Change. New York: Holt, Rinehart and Winston.Google Scholar
MARQUART, James W., and Ben M., CROUCH (1985) “Judicial Reform and Prisoner Control: The Impact of Ruiz v. Estelle on a Texas Penitentiary,” 19 Law & Society Review 557.Google Scholar
MARTIN, Steve J., and Sheldon, EKLAND-OLSON (1987) Texas Prisons: The Walls Came Tumbling Down. Austin: Texas Monthly Press.Google Scholar
ORLAND, Leonard (1975) Prisons: Houses of Darkness. New York: Free Press.Google Scholar
ROTHMAN, David J., and Shiela M., ROTHMAN (1984) The Willowbrook Wars. New York: Harper & Row.Google Scholar
SIMMEL, Georg (1950) The Sociology of Georg Simmel, trans, and ed. K. Wolff. New York: Free Press.Google Scholar
STICKNEY, S. B. (1974) “Wyatt v. Stickney: The Right to Treatment,” 4 Psychiatric Annals 32.Google Scholar
SUTTLES, Gerald D. (1972) The Social Construction of Committees. Chicago: University of Chicago Press.Google Scholar
TDC: TEXAS DEPARTMENT OF CORRECTIONS (1977) Texas Department of Corrections: 30 Years of Progress. Huntsville, TX: Texas Dept. of Corrections.Google Scholar
TDC: TEXAS DEPARTMENT OF CORRECTIONS (1968) Rules and Regulations of the Texas Department of Corrections. Huntsville, TX: Texas Dept. of Corrections.Google Scholar
UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE STATISTICS (1983) Report to the Nation on Crime and Justice: The Data. Bulletin NCJ-87068. Washington, DC: United States Department of Justice.Google Scholar
WEBER, Max (1968) Economy and Society: An Outline of Interpretive Sociology, trans. Roth, G. and Wittich, C.. New York: Bedminister Press.Google Scholar

Cases Cited

Baker v. Beto, 349 F. Supp. 1263 (S.D. Tex. 1972).Google Scholar
Bilton v. Beto, 470 F.2d 988 (5th Cir. 1972).Google Scholar
Campbell v. Beto, 460 F.2d 765 (5th Cir. 1972).Google Scholar
Corpus v. Estelle, 409 F. Supp. 1090 (S.D. Tex. 1975).Google Scholar
Cruz v. Beto, No. 71-H-1371 (S.D. Tex. 1971).CrossRefGoogle Scholar
Cruz v. Beto, 405 U.S. 319 (1972).Google Scholar
Cruz v. Beto, 453 F. Supp. 905 (1977).Google Scholar
Cruz v. Beto, 603 F.2d 1178 (5th Cir. 1979).Google Scholar
Dreyer v. Jalet, 349 F. Supp. 452 (S.D. Tex. 1972).Google Scholar
Estelle v. Gamble, 429 U.S. 97 (1976).Google Scholar
Gates v. Collier, 390 F. Supp. 482 (N.D. Miss. 1975).Google Scholar
Guajardo v. Estelle, 580 F.2d 748 (5th Cir. 1978).CrossRefGoogle Scholar
Guajardo v. Hudgens,, No. 73-H-672 (S.D. Tex. 1973).Google Scholar
Guajardo v. McAdams, 349 F. Supp. 211 (S.D. Tex. 1972).Google Scholar
Holt v. Sarver, 309 F. Supp. 362 (E.D. Ark. 1970).Google Scholar
Holt v. Sarver, 442 F.2d 304 (8th Cir. 1971).CrossRefGoogle Scholar
Jimenez v. Beto, 468 F.2d 616 (5th Cir. 1972).Google Scholar
Johnson v. Avery, 393 U.S. 483 (1969).CrossRefGoogle Scholar
Novak v. Beto, 453 F.2d 661 (5th Cir. 1971).Google Scholar
Rocha v. Beto, 449 F.2d 741 (5th Cir. 1971).Google Scholar
Ruiz v. Estelle, 550 F.2d 238 (5th Cir. 1977).Google Scholar
Ruiz v. Estelle, 503 F. Supp. 1265 (S.D. Tex. 1980).Google Scholar
Ruiz v. Estelle, 679 F.2d 1115 (5th Cir. 1982).Google Scholar
Lamar v. Coffield, No. 72-H-1393 (S.D. Tex. 1972).Google Scholar

Statute Cited

H.B. 1056, Civil Statutes 6184K-1 (1973).Google Scholar