Defense Date

2024

Document Type

Dissertation

Degree Name

Doctor of Philosophy

Department

Public Policy & Administration

First Advisor

Hayley Cleary

Second Advisor

Sarah Raskin

Third Advisor

Lindsey Evans

Fourth Advisor

Scott Cook

Abstract

The onset of the COVID-19 pandemic was a “watershed moment" in human history, transcending its role as a mere health crisis to reveal deeper fissures within societies. The present retrospective longitudinal study examined COVID-19 as an “era” of complexity utilizing it as an intermediate construct that delineates “pre-COVID” and “post-COVID.” In order to understand the impact of the COVID-19 era, the design of the study and hypotheses stem from an assumption of the interconnectedness of issues related to health, social justice, racial justice, politics, and information dissemination.

This study utilized both manifest and latent content analysis to explore the most common constitutional violations alleged by incarcerated persons who filed Section 1983 lawsuits between 2018-2023 and whether the nature of the concerns differ pre- and post-COVID-19 onset. This study also examined how inmates frame the alleged violations in their Section 1983 filings and whether this differed pre- and post-COVID-19 onset. Schneider and Ingram’s (1993) Social Construction of Target Populations theory is utilized to help justify the sample and research questions and Goffman’s Framing Theory was utilized as the analytical framework.

I found that the nature of civil rights violations incarcerated persons experience are complex and multifaceted, and mostly related to inadequate access to timely and appropriate medical care which violates the Eighth Amendment Cruel and Unusual Punishment Clause. These violations are often carried out through deliberate indifference to medical needs or disagreement about what is considered a serious medical condition. Further, most Plaintiffs frame their complaints as an individual harm, but we do see some filings that address the institutional and structural issues within the administration of healthcare to inmates. Slight variations in the nature of, and framing of, the violations are discussed.

Ultimately, this study concludes that constitutional rights violations occurred with frequency before and after the onset of the COVID-19 pandemic and the frames used to communicate those harms slightly varied, with more claims framed as institutional and structural rather than purely individual, after the onset of the COVID-19 pandemic. As a nation we need to focus more attention on the state of constitutional healthcare in America with the goal of creating policies that promote the just and equitable treatment of incarcerated people. This paper contributes to many areas of study including corrections, healthcare, public policy, sociology and communications.

Rights

© Hollie MacDonald 2024

Is Part Of

VCU University Archives

Is Part Of

VCU Theses and Dissertations

Date of Submission

7-30-2024

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