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Managing the Defense of Inmate Civil Litigation

NCJ Number
160163
Author(s)
D Stenberg
Date Published
1994
Length
22 pages
Annotation
A total of 234 State prisons were operating under court orders or consent decrees related to conditions of confinement in 1990 and inmates filed 48,423 civil actions in U.S. district courts in 1992; these statistics indicate that inmate litigation is a high-volume business.
Abstract
Due to the number of inmate lawsuits, guidelines for managing the defense of inmate civil litigation efficiently and effectively are offered that focus on the scope of inmate civil litigation and on the selection of attorneys and support staff. The guidelines also concern how to make effective use of limited resources (specialization, litigation reports, form pleadings, brief banks, and standard file formats) and how to work with the Department of Corrections, risk management, courts, court- appointed counsel, and inmates. The author points out that State attorneys general who plan for the effective and efficient use of inmate litigation can prevent court interference in the operation of the State's correctional system and conserve public resources that would otherwise be absorbed in the defense of frivolous inmate litigation.

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