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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, ... about one defendant’s personal involvement, point out where you do that in your complaint. Motions for ...
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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 ... to change your name with the Chancery Court in the county where you reside. See F.S.A. § 68.07(1). You must pay for ...
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Chapter Three
Your Rights in Prison
Chapter Three: Your Rights in Prison This chapter provides information ... your case. We have included these only in those places where there is a clear legal rule. The “basics” boxes are ... 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 ... is Allah v. Al-Hafeez , 226 F.3d 247 (3d Cir. 2000), where the court held that a complaint about denial of ...
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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 ... need is to have been “within the jurisdiction” when your rights were violated. “Within the jurisdiction” just ... it will look like this: “28 U.S.C. § 2679(d)(2)” where “28 U.S.C.” means “Title 28 of the United States ...
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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 ... Litigation Reform Act. Chapter Three summarizes many of your constitutional rights in prison. Chapter Four explains ... help from the court—what legal papers to file, when, where, and how. It also provides templates and examples of ...
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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 ... followed by a bunch of letters and numbers that tell you where you can find a copy of the decision. Case citation is a ...
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Appendix A
Glossary of Terms
... “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 ... court, to act or decide a situation one way or the other, where the law does not dictate the decision. Disposition : ...