Prisoners' Self Help Litigation Manual

Description

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 ri.;Cover Page; Title Page; Copyright Page; Contents; Preface and Acknowledgments; A. The State of the Law; B. How to Use this Manual; C. Before You Go to Court; D. Getting a Lawyer; Chapter 1 Introduction: Using this Manual and Using the Courts; Part I: The Rights of Prisoners; Chapter 2 Conditions of Confinement; A. Cruel and Unusual Punishment; 1. The Objective Component: Cruel Conditions; 2. The Subjective Component Deliberate Indifference; 3. Other Legal Limits on Prison Conditions; B. Shelter; 1. Crowding; 2. Furnishings; 3. Ventilation and Heating; 4. Lighting; 5. Noise. Cover Page Title Page Copyright Page Contents Preface and Acknowledgments A. The State of the Law B. How to Use this Manual C. Before You Go to Court D. Getting a Lawyer Chapter 1 Introduction: Using this Manual and Using the Courts Part I: The Rights of Prisoners Chapter 2 Conditions of Confinement A. Cruel and Unusual Punishment 1. The Objective Component: Cruel Conditions 2. The Subjective Component Deliberate Indifference 3. Other Legal Limits on Prison Conditions B. Shelter 1. Crowding 2. Furnishings 3. Ventilation and Heating 4. Lighting 5. Noise. C. Sanitation and Personal HygieneD. Food E. Clothing F. Medical Care 1. The Deliberate Indifference Standard a. Suing the Right Defendants b. Remedies for Deliberate Indifference 2. Serious Medical Needs 3. The Medical Care System a. Communication of Medical Needs b. Medical Examinations c. Medical Staff d. Access to Outside Care e. Facilities, Equipment, and Supplies f. Medical Records 4. Particular Medical Issues a. Mental Health Care b. Sex Offender Programs c. Dental Care d. Infectious Diseases 1) Tuberculosis 2) HIV and AIDS 3) Hepatitis C. 4) Methicillin-Resistant Staphylococcus Aureus (MRSA)e. Medical Diets f. Pregnancy, Childbirth, Abortion, and Reproduction g. Drug Dependency Treatment h. Prisoners with Disabilities 1) Constitutional Protections 2) The Federal Disability Statutes i. Prison Assignments and Regulations j. Medical Privacy k. The Right to Refuse Treatment 5. Negligence and Malpractice G. Personal Safety 1. Protection from Inmate Assault a. The Deliberate Indifference Standard b. Risks to a Particular Prisoner c. Group Risks d. Sexual Assault e. Causation and Suing the Right Defendants. F. Tort Claims for Inmate Assault2. Use of Force by Staff a. The Constitutional Standards 1) Convicts 2) Pretrial Detainees 3) Arrestees and Others "Seized" by The Police b. Applying the Standards 1) Amount of Force 2) Injury 3) Malice 4) Justifications for Use of Force c. Types of Force 1) Weapons 2) Chemical Agents 3) Restraints 4) Sexual Abuse by Staff 5) Verbal Abuse d. Liability for Force: Bystanders, Supervisors, and Municipalities e. Tort Claims for Excessive Force 3. Hazardous Conditions a. Fire Safety b. Environmental Hazards c. Environmental Tobacco Smoke. D. Risks of InjuryH. Classification I. Activities 1. Program Activities 2. Work 3. Recreation and Exercise J. Segregation: Punitive, Administrative, Protective, and "Supermax" K. Emergencies and Lockdowns Chapter 3 Civil Liberties in Prison A. The Reasonable Relationship Standard B. Freedom of Expression 1. Correspondence a. General Correspondence b. Privileged Correspondence c. Procedural Protections in Restricting Correspondence d. Other Rules Governing Prisoner Correspondence 2. Publications a. What Can Be Censored b. Censorship Procedures 3. Access to Non-Print Media.