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Chapter Three
Your Rights in Prison
... Cruel and Unusual Punishment Section G Your Right to Use the Courts Section H Issues of Importance to Women in ... basics.” The “rule” boxes set forth the actual legal standard that a court will apply to consider your case. ... come directly from a publisher or bookstore, allegedly to limit smuggling and contraband. Bell v. Wolfish , 441 U.S. ...
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Chapter One
How to Use the JLH
... federal prisons and city or county jails will be able to use the Handbook too. We, the authors of the Handbook, do not ... the way they are. The Handbook discusses only some of the legal problems which prisoners face—conditions inside ... Act (PLRA). The PLRA is very anti-prisoner and works to limit prisoners’ access to the federal courts. Why would ...
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Chapter Five
How to Start Your Lawsuit
... a lawsuit under Section 1983 or Bivens . It explains what legal papers to file as well as when, where, and how to file ... more helpful to you. Chapter Seven explains how to use the U.S.C.A. and other law books. The Federal Rules are ... pauperis . 2. Plaintiff’s imprisonment will greatly limit his ability to litigate. The issues involved in this ...
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Chapter Two
Overview of Types of Lawsuits and the Prison Litigation Reform Act
... and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for ... was designed especially to help Black people, anyone can use it, regardless of race. The law refers to “any citizen ... requirement does not mean that the action has to have been legal under state law. This is very important, and was ...
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Chapter Six
What Happens After You File Your Suit
... to the court, the court clerk will give you a civil action number. You need to write this number in the case ... the district court after trial or summary judgment has a legal right to appeal to a U.S. circuit court of appeals. ... want to try to read all of the cases that the defendants use in their memo. If you read these cases carefully, you may ...
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Appendix A
Glossary of Terms
APPENDIX A: Glossary of Terms Below is a list of legal terms, phrases, and other words that you may come ... their case or claim. Business Days : Some laws and courts use “business days” to tell you how long you have ... must always prove “causation.” Cause of Action : Authority based on law that allows a plaintiff to ...
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Chapter Four
Who to Sue and What to Ask for
... for just one—you can ask for two or all three. In the legal world, all three of these options are called ... a Section 1983 or Bivens lawsuit. Additionally, you cannot use these kinds of lawsuits to request the reinstatement of ... called Ashcroft v. Iqbal , 556 U.S. 662 (2009), that may limit the ways in which supervisors can be sued for ignoring ...
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Appendix E
State Supplements: Grievance Procedures, PREA Rules, & LGBTQ+ Policies Applicable in Certain States
... as well as a copy of any forms that you are required to use when filing a grievance. If you receive information, be ... reporting through a third party (i.e., a friend or a legal organization). If you are assaulted or witness an ... fifteen days of the incident. (NOTE: there is no time limit for filing a grievance related to sexual abuse.) The ...
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Appendix F
Excerpts From the PLRA
... U.S.C. § 3626(h). Definitions. […] (2) the term "civil action with respect to prison conditions" means any civil ... (1) Prospective relief (A) Prospective relief in any civil action with respect to prison conditions shall extend no ... courts. (2) Preliminary injunctive relief. In any civil action with respect to prison conditions, to the extent ...
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Appendix I
Sources of Legal Support
APPENDIX I: Sources of Legal Support Below is a short list of other organizations working on prison issues, mainly with a legal focus. When writing to these groups, please remember a ... Health and Safety: Prisoners’ Rights . Also files class-action suits around prison conditions. Sylvia Rivera ...