Prisoners' Self-Help Litigation Manual

Prisoners' Self-Help Litigation Manual

John Boston, Daniel E Manville

Language: English

Pages: 960

ISBN: 0195374401

Format: PDF / Kindle (mobi) / ePub


Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights.

Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies.

Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

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single-celling in very small cells may violate the Constitution if lock-in times are long. 110) A particular degree of crowding may be unconstitutional for some groups of prisoners and not others, depending on their needs. 111 If prisoners are only subjected to crowding for a short time, courts are less likely to find it unconstitutional. 112 When overcrowding can be shown to have caused injury, for example from violence, damages may be awarded. 113 The courts are divided on the constitutional

aggravating factors in addition to the fact of sleeping on the floor, such as prisoners’ being held in areas not designed for housing 79 116 (though that is not unconstitutional in all circumstances 117). Courts considering only the issue of sleeping on a floor mattress have often found it constitutional. 118 However, being required to sleep directly on the floor is unconstitutional. 119 Some courts have held that if crowding results in unacceptable conditions, those conditions, and not the

aggravating factors in addition to the fact of sleeping on the floor, such as prisoners’ being held in areas not designed for housing 79 116 (though that is not unconstitutional in all circumstances 117). Courts considering only the issue of sleeping on a floor mattress have often found it constitutional. 118 However, being required to sleep directly on the floor is unconstitutional. 119 Some courts have held that if crowding results in unacceptable conditions, those conditions, and not the

authorization must be obtained from the trial court, and lower court decisions have required the prosecution to make a strong and specific showing of need. 515 Some states have special sentencing statutes for defendants found to be mentally ill or in need of treatment which provide for potentially longer terms of incarceration and permit the prisoner to be released only after she has been “cured.” 516 One court has held that persons sentenced under such a statute have a right to “a treatment

and medical negligence that occur while you are in state or local custody can be brought in state court as provided by the statutes and court rules of the particular state. 820 You may be able to join such a claim with a constitutional claim for deliberate indifference if state court rules permit. If you file a constitutional “deliberate indifference” claim in federal court, you may also be able to add a state law tort claim under the supplemental (formerly called “pendent”) jurisdiction of the

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