NCJ Number
55357
Date Published
1979
Length
1161 pages
Annotation
FOLLOWING AN OVERVIEW OF THE PRISONERS' RIGHTS MOVEMENT, THIS TWO-VOLUME HANDBOOK COVERS THE PRACTICAL ASPECTS OF FILING A PRISONERS' RIGHTS CASE, INCLUDING JURISDICTION, PROCEDURE, SIGNIFICANT DECISIONS, AND TRIAL TACTICS.
Abstract
BEFORE THE 1960'S THE PRISONERS' RIGHTS MOVEMENT WAS NONEXISTENT. LAWYERS HAVE PLAYED AN IMPORTANT PART IN EXTENDING CONSTITUTIONAL PROTECTION TO THOSE BEHIND BARS, NOT ONLY THROUGH THEIR ROLE IN LITIGATION BUT ALSO THROUGH THEIR ACTIVE LOBBYING BEFORE LEGISLATIVE AND ADMINISTRATIVE BODIES AND THEIR ROLE IN PUBLIC EDUCATION. THE 'HOW TO' SECTIONS OF THIS HANDBOOK COVER THE FILING OF A PRISONERS' RIGHTS SUIT, FEDERAL VERSUS STATE COURT JURISDICTION, PROPER PROCEDURE IN FEDERAL AND STATE COURTS, THE FILING OF A WRIT OF HABEAS CORPUS UNDER SECTIONS 2241 AND 2255 OF THE U. S. CODE, SUMMARIES OF SIGNIFICANT JUDICIAL DECISIONS, SAMPLES OF APPROPRIATE MOTIONS, AND BIBLIOGRAPHIES. CASE NOTES REVIEW DECISIONS ON SUBSTANTIVE ISSUES: PRISONER MAIL, RIGHT TO RECEIVE PUBLICATION, RELIGIOUS FREEDOM, ACCESS TO THE PRESS, VISITING, ACCESS TO THE COURTS AND LEGAL ASSISTANCE, PRIVACY (ROOM, CELL, AND BODY SEARCHES AND MALE STAFF IN WOMEN'S PRISONS), DUE PROCESS FOR DISCIPLINARY PROCEDURES AND PAROLE REVOCATION, BEHAVIOR MODIFICATION PROGRAMS AND INVOLUNTARY DRUGGING, AND INMATE MEDICAL CARE. STEP-BY-STEP PROCEDURES ARE GIVEN FOR THE FILING OF CHALLENGES TO PRISON-WIDE OR SYSTEM-WIDE ABUSES. APPENDIXES TO THESE CHAPTERS CONTAIN A STATE-BY-STATE REVIEW OF LAWS COVERING THE ABUSE OF INMATES, VIOLENCE STATISTICS FOR 1972 AND 1973, AND SOURCES OF ADDITIONAL DATA FOR CASE PREPARATION. FINAL SECTIONS REVIEW INMATE DAMAGE ACTIONS AND STANDARDS FOR DETERMINING A REASONABLE ATTORNEY'S FEE UNDER THE 1976 CIVIL RIGHTS ATTORNEY'S FEES ACT. (GLR)