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Chapter Five
How to Start Your Lawsuit
Chapter Five: How to Start Your Lawsuit This chapter explains how to start a lawsuit ... Section 1983 or Bivens . It explains what legal papers to file as well as when, where, and how to file them, and it provides forms and ...
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Chapter Six
What Happens After You File Your Suit
... Summary of a Lawsuit Short Summary of a Lawsuit Filing your lawsuit is only the beginning. You must be prepared to do a lot of work after you file the complaint to achieve your goal. Throughout the suit, ... fact you state. It can also include affirmative defenses. When your case progresses to discovery, each side can get ...
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Appendix E
State Supplements: Grievance Procedures, PREA Rules, & LGBTQ+ Policies Applicable in Certain States
... want to share information with us about how things work in your State, please write to the Center for Constitutional ... because an Alabama regulation states that in order to file a lawsuit for any grievance, you are required to exhaust ... well as a copy of any forms that you are required to use when filing a grievance. If you receive information, be sure ...
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Chapter Three
Your Rights in Prison
Chapter Three: Your Rights in Prison This chapter provides information ... standards. Be very careful to check for changes in the law when you use this chapter (and the rest of the JLH). This ... judicial remedies. If you are unsuccessful, you can then file a petition for a writ of habeas corpus in federal court. ...
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Chapter Four
Who to Sue and What to Ask for
... Four: Who to Sue and What to Ask for Now that you know your rights under the Constitution, the next step is figuring out how to put together your lawsuit. You will need to decide what you want the court to ... the court finds to be illegal. A declaratory judgment is when a court makes a decision that explains your legal rights ...
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Chapter Two
Overview of Types of Lawsuits and the Prison Litigation Reform Act
... the jurisdiction thereof.” This means that you can file a Section 1983 action even if you are not a United ... All you need is to have been “within the jurisdiction” when your rights were violated. “Within the jurisdiction” just ...
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Chapter One
How to Use the JLH
... The Importance of “Section 1983” A prisoner can file several different kinds of cases about conditions and ... Section 1983 to allow people to sue in federal court when a state or local official violates their federal rights. ... Litigation Reform Act. Chapter Three summarizes many of your constitutional rights in prison. Chapter Four explains ...
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Chapter Seven
The Legal System and Legal Research
... only a general introduction to legal research for a prison lawsuit. It does not explain how to research other legal ... the system Lexis provides to lawyers outside prison. If your prison does not have a law library, and you have become ... general terms. Courts decide what these general terms mean when they hear specific lawsuits or “cases.” For ...
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Appendix A
Glossary of Terms
... officer, such as a “notary public.” Affirm : When the appellate court agrees with the decision of the ... “business days” to tell you how long you have to file or respond. This means you only count the days Monday ... : The process of getting information which is relevant to your case in preparation for a trial. Discretion : The power ...