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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 ... This is explained in Chapter Seven. You can also write to prisoners’ rights and legal organizations ... discretion. Most courts will believe a prison official who says that a book or magazine creates a threat to prison ...
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Chapter One
How to Use the JLH
... This Handbook explains how a person in prison or detention can start a lawsuit in federal court to fight against ... federal prisons and city or county jails will be able to use the Handbook too. We, the authors of the Handbook, do not ... Section B How to Use This Handbook Section C Who Can Use This Handbook Section D Why to Try and Get a ...
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Chapter Four
Who to Sue and What to Ask for
Chapter Four: Who to Sue and What to Ask for Now that you know your ... Lawsuit If you bring a lawsuit under Section 1983, you can ask for three things: money damages, a declaratory ... a Section 1983 or Bivens lawsuit. Additionally, you cannot use these kinds of lawsuits to request the reinstatement of ...
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Chapter Two
Overview of Types of Lawsuits and the Prison Litigation Reform Act
... This chapter describes the different types of lawsuits you can bring to challenge conditions or treatment in prison or ... 1983 is to look at the words of that law: “Every person who, under color of any statute, ordinance, regulation, ... was designed especially to help Black people, anyone can use it, regardless of race. The law refers to “any citizen ...
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Chapter Six
What Happens After You File Your Suit
... The answer admits or denies each fact you state. It can also include affirmative defenses. When your case ... Each side can submit additional declarations from people who have relevant information. Finally, each side can file ... 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 E
State Supplements: Grievance Procedures, PREA Rules, & LGBTQ+ Policies Applicable in Certain States
... Constitutional Rights, so future editions of the Handbook can be more complete. Among other State-specific information ... as well as a copy of any forms that you are required to use when filing a grievance. If you receive information, be ... and verification of your prior treatment records. Anyone who is on a hormone treatment plan will be placed on both the ...
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Chapter Five
How to Start Your Lawsuit
... the Federal Rules of Civil Procedure . The Federal Rules can be found in Title 28 of the United States Code (U.S.C.). ... more helpful to you. Chapter Seven explains how to use the U.S.C.A. and other law books. The Federal Rules are ... emotional injury, do not apply to suits filed by people who have been released from prison. You do not have to worry ...
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Chapter Seven
The Legal System and Legal Research
... to do legal research before , you know how confusing it can be. Sometimes the whole legal system seems designed to frustrate people who are not familiar with the law and to make them totally ... in a way that allows ordinary people to understand it and use it. The National Lawyers Guild, the Center for ...
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Appendix A
Glossary of Terms
... Immunity : A way that certain government officials can avoid, or be “immune,” to any lawsuit for ... statement of facts that is made voluntarily by a person who swears to the truth of the statement before a public ... their case or claim. Business Days : Some laws and courts use “business days” to tell you how long you have ...
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Note From the Editors
NOTE FROM THE EDITORS This handbook is a free resource for people in prison who wish to file a federal lawsuit addressing poor conditions ... We cannot guarantee the accuracy of this information nor can we guarantee that all the law and rules inside are ...
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Appendix I
Sources of Legal Support
... for these resources is current as of the printing of this Handbook in 2021. Do not send money for publications ... LGBTQIA2S+ people and people living with HIV/AIDS who are affected by that system through advocacy, support, ... Legal Services Offers legal services, legal forms that you can fill out yourself, and other free legal resources. Write ...