NCJ Number
61719
Date Published
1979
Length
510 pages
Annotation
THIS COMPENDIUM OF LAW ON PRISONERS' RIGHTS IS PROVIDED TO HELP PRISONERS, PRISON OFFICIALS, DEFENSE ATTORNEYS, AND JUDGES UNDERSTAND THE EXTENT AND LIMITS OF THE BASIC RIGHTS GUARANTEED TO PRISONERS' UNDER THE CONSTITUTION.
Abstract
THE INCREASING VOLUME OF PRO SE PRISONER CIVIL RIGHTS ACTIONS ON THE DOCKETS OF THE DISTRICT COURTS HAS FRUSTRATED MOST PERSONS DEALING WITH THEM. THEREFORE, THIS VOLUME DISCUSSES THE JURISDICTION OF CIVIL RIGHTS STATUTES, THE MAGISTRATES' ROLE, IN FORMA PAUPERIS PETITIONS, AND ACTIONS BY REPETITIVE LITIGANTS, REQUIREMENTS FOR A CAUSE OF ACTION UNDER 42 U.S. CODE SECTION 1985 AND 1986 AND UNDER 28 U.S. CODE SECTION 1331 (SUPPLEMENT 1978), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION FOR SUMMARY JUDGMENT, ABATEMENT OF ACTION UPON DEATH OF A PARTY, CLASS ACTIONS BY PRO SE PLAINTIFFS, AND PENDANT JURISDICTION. IN ADDITION, CIVIL RIGHTS AND THE HABEAS CORPUS RIGHT ARE COMPARED, DEFENSES ARE DISCUSSED IN TERMS OF THE STATUTE OF LIMITATIONS, RES JUDICATA, COLLATERAL ESTOPPEL, AND IMMUNITIES; AND RELIEF MEASURES (DAMAGES, INJUNCTIVE RELIEF, DECLARATORY JUDGMENT) ARE CITED. MOST OF THE MATERIAL COVERS REQUIREMENTS FOR A CAUSE OF ACTION UNDER 42 U.S. CODE SECTION 1983, REGARDING 1ST, 4TH, 8TH, 13TH, AND 14TH AMENDMENT CONSIDERATIONS. FOOTNOTES ARE INCLUDED. (WJR)