The Jailhouse Lawyer Handbook How to Bring a Federal Lawsuit to Challenge Violations of Your Rights in Prison 6th Edition by National Lawyers Guild

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Author: National Lawyers Guild

This document is the table of contents for “The Jailhouse Lawyer’s Handbook” published by the Center for Constitutional Rights and the National Lawyers Guild. The handbook provides guidance for prisoners who want to file a federal civil rights lawsuit under 42 U.S.C. § 1983 to challenge violations of their constitutional rights in prison, such as due to poor conditions or abuse by prison staff. It contains information about legal claims prisoners can bring, the court process for filing and pursuing a § 1983 case, and exercising various constitutional rights while incarcerated. The table of contents outlines the chapters and topics covered in the handbook to help prisoners understand and protect their legal rights.

The Jailhouse Lawyer Handbook How to Bring a Federal Lawsuit to Challenge Violations of Your Rights in Prison 6th Table of contents:

CHAPTER ONE: INTRODUCTION

A. WHAT IS THIS HANDBOOK?

B. HOW TO USE THIS HANDBOOK

C. WHO CAN USE THIS HANDBOOK

1. Prisoners in Every State Can Use this Handbook.

2. Prisoners in Federal Prison Can Use this Handbook.

3. Prisoners in City or County Jails Can Use this Handbook.

4. Prisoners in Private Prisons Can Use this Handbook

D. WHY TO TRY AND GET A LAWYER

E. A SHORT HISTORY OF SECTION 1983 AND THE STRUGGLE FOR PRISONERS’ RIGHTS…….

F. THE USES AND LIMITS OF LEGAL ACTION

CHAPTER TWO: YOUR LEGAL OPTIONS

A. SECTION 1983 LAWSUITS

1. Violations of Your Federal Rights.

2. “Under Color of State Law”.

B. STATE COURT CASES.

C. FEDERAL TORTS CLAIMS ACT (FTCA).

1. Who You Can Sue.

2. Types of Torts.

a. NEGLIGENCE

b. INTENTIONAL TORTS

c. FALSE IMPRISONMENT

d. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS..

3. Administrative Exhaustion

4. Damages in FTCA Suits.

5. The Discretionary Function Exception

D. BIVENS ACTIONS AND FEDERAL INJUNCTIONS

1. Who is Acting Under Color of Federal Law?

2. Unconstitutional Acts by Federal Officials.

3. Federal Injunctions

E. PROTECTION OF PRISONERS UNDER INTERNATIONAL LAW…

F. BRIEF SUMMARY OF THE PRISON

LITIGATION REFORM ACT (PLRA)

1. Injunctive Relief..

2. Exhaustion of Administrative Remedies.

3. Mental Emotional Injury

4. Attorneys’ Fees..

5. Screening, Dismissal and Waiver of Reply..

6. Filing Fees and the Three Strikes Provision

CHAPTER THREE: YOUR RIGHTS IN PRISON.

A. YOUR FIRST AMENDMENT RIGHT TO FREEDOM OF SPEECH AND ASSOCIATION, AND THE TURNER TEST.

1. Access to Reading Materials.

2. Free Expressions of Political Beliefs

3. Limits on Censorship of Mail.

a. OUTGOING MAIL

b. INCOMING MAIL

c. LEGAL MAIL..

4. Access to the Telephone

5. Your Right to Receive Visits from Family and Friends and to Maintain Relationships in Prison.

a. ACCESS TO VISITS

b. VISITATION FOR LESBIAN, GAY, BISEXUAL AND TRANSGENDER PRISONERS.

c. RELATIONSHIPS WITH OTHER PRISONERS.

d. CARING FOR YOUR CHILD IN PRISON

B. YOUR RIGHT TO PRACTICE YOUR RELIGION

1. Free Exercise Clause..

2. Establishment Clause.

3. Fourteenth Amendment Protection of Religion.

4. Religious Freedom Restoration Act (RFRA) and Religious Land Use and Institutionalized Persons Act (RLUIPA).

5. Cases and Issues….

C. YOUR RIGHT TO BE FREE FROM DISCRIMINATION

1. Freedom from Racial Discrimination

2. Freedom from Gender Discrimination…

a. THE “SIMILARLY SITUATED” ARGUMENT.

b. THE EQUAL PROTECTION TEST FOR GENDER DISCRIMINATION

Freedom from Other Forms of Discrimination…

3.

D. YOUR PROCEDURAL DUE PROCESS RIGHTS REGARDING PUNISHMENT

1. Two Important Supreme Court Cases Govern Due Process Rights for Prisoners..

2. Transfers and Segregation.

E. YOUR RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES.

F. YOUR RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT.

1. 2. Protection from Physical Brutality.

Rape, Sexual Assault and Sexual Harassment

a. OUTRAGEOUS CONDUCT VS. UNCONSTITUTIONAL CONDUCT

b. PSYCHOLOGICAL HARM

c. CONSENSUAL SEX BETWEEN PRISONERS AND GUARDS

d. CHALLENGING PRISON SUPERVISORS AND PRISON POLICIES..

Your Right to Decent Conditions in Prison….

3.

4. Your Right to Medical Care

a. SERIOUS MEDICAL NEED…

b. DELIBERATE INDIFFERENCE

C. CAUSATION

G. YOUR RIGHT TO USE THE COURTS.

2. Access to a Law Library.

1. The Right to File Papers and Meet with Lawyers and Legal Workers.

3. Getting Help from a Jailhouse Lawyer and Providing Help to Other Prisoners..

4. Dealing with Retaliation

H. ISSUES OF IMPORTANCE TO WOMEN PRISONERS.

1. Medical Care…

a. PROPER CARE FOR WOMEN PRISONERS.

b. MEDICAL NEEDS OF PREGNANT WOMEN

2. Your Right to an Abortion in Prison

a. FOURTEENTH AMENDMENT CLAIM

3. Observations and Searches by Male Guards.

b. EIGHT AMENDMENT CLAIM.

I. ISSUES OF IMPORTANCE TO TRANSGENDER PRISONERS

1. Classification….

2. Health

a. PLACEMENT IN MALE OR FEMALE FACILITIES..

b. INVOLUNTARY SEGREGATION

c. ACCESS TO PROTECTIVE CUSTODY.

a. ACCESS TO GENDER-AFFIRMING HEALTH CARE

b. CONFIDENTIALITY.

Free Gender Expression….. 3.

a. CLOTHING AND GROOMING.

4. Dealing with Violence and Abuse

b. NAME AND ID GENDER CHANGES

c. ACCESS TO READING MATERIAL.

JOB/PROGRAM DISCRIMINATION d.

a. VERBAL HARASSMENT

b. RAPE AND SEXUAL ASSAULT

c. STRIP SEARCHES…

J. ISSUES OF IMPORTANCE TO PRETRIAL DETAINEES

K. ISSUES OF IMPORTANCE TO NON-CITIZENS AND IMMIGRATION DETAINEES

CHAPTER FOUR: STRUCTURING YOUR LAWSUIT

A. WHAT TO ASK FOR IN YOUR LAWSUIT.

B. INJUNCTIONS

1. Preliminary Injunctions and Permanent Injunctions.

2. Exhaustion and Injunctions.

3. Temporary Restraining Orders

C. MONEY DAMAGES…

1. The Three Types of Money Damages.

2. Damages Under the PLRA

3. Deciding How Much Money to Ask For.

D. WHO YOU CAN SUE.

1. Who to Sue for an Injunction….

2. Who to Sue for Money Damages:

3. What Happens to Your Money Damages..

the Problem of “Qualified Immunity”.

E. SETTLEMENTS

F. CLASS ACTIONS.

CHAPTER FIVE: HOW TO START YOUR LAWSUIT

A. WHEN TO FILE YOUR LAWSUIT

1. Statute of Limitations…

2. Exhaustion of Administrative Remedies.

B. WHERE TO FILE YOUR LAWSUIT

C. HOW TO START YOUR LAWSUIT

1. Summons and Complaint..

a. COMPLAINT

SUMMONS.. b.

2. In Form Pauperis Papers.

3. Request for Appointment of Counsel.

4. Declarations

D. HOW TO SERVE YOUR LEGAL PAPERS.

E. GETTING IMMEDIATE HELP FROM THE COURT.

F. SIGNING YOUR PAPERS

CHAPTER 6: WHAT HAPPENS AFTER YOU FILE SUIT

A. SHORT SUMMARY OF A LAWSUIT.

B. DISMISSAL BY THE COURT AND WAIVER OF REPLY

C. HOW TO RESPOND TO A MOTION TO DISMISS YOUR COMPLAINT.

D. THE PROBLEM OF MOOTNESS

E. DISCOVERY…

1. Discovery Tools.

2. What You Can See and Ask About

3. Privilege….

4. Some Basic Steps

5. Some Practical Considerations…

6. Procedure..

7. Their Discovery of Your Information and Material..

F. SUMMARY JUDGMENT

1. The Legal Standard..

2. Summary Judgment Procedure.

3. Summary Judgment in Your Favor.

G. WHAT TO DO IF YOUR COMPLAINT IS DISMISSED OR THE COURT GRANTS DEFENDANTS SUMMARY JUDGMENT

1. Motion to Alter or Amend the Judgment..

2. How to Appeal the Decision of the District Court.

CHAPTER 7: THE LEGAL SYSTEM AND LEGAL RESEARCH……

A. THE IMPORTANCE OF PRECEDENT.

1. The Federal Court System

2. How Judges Interpret Laws on the Basis of Precedent

3. Statutes……

4. Other Grounds for Court Decisions

B. LEGAL CITATIONS – HOW TO FIND COURT DECISIONS AND OTHER LEGAL MATERIAL

1. Court Decisions

2. Legislation and Court Rules

3. Books and Articles

4. Research Aids

C. LEGAL WRITING

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