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Resource Guide for Managing Prisoner Civil Rights Litigation, With Special Emphasis on the Prison Litigation Reform Act

NCJ Number
166990
Date Published
1996
Length
182 pages
Annotation
Intended as a resource for Federal judges, pro se law clerks, and others in the courts who manage prisoner pro se litigation, this guide highlights critical case-management issues in prisoner civil rights litigation and promotes the exchange of useful experiences and ideas.
Abstract
The guide describes new provisions of law and how they are likely to affect widespread practices. Part I summarizes the Prison Litigation Reform Act (PLRA), signed into law on April 26, 1996. Part II describes court-based procedures and approaches that courts have created for the overall management of prisoner civil rights cases, such as standard forms and assignments of tasks to specific personnel, and it describes how the PLRA may affect those procedures and approaches. Part III deals with specific case-management procedures and relevant law. It describes the legal requirements and management options that judges face as they handle prisoner civil rights petitions, and it describes how the PLRA may affect those requirements and options. Parts II and III describe law and procedures prior to the PLRA and any changes the PLRA seems to require. This dual treatment is provided because pre-PLRA procedures will shape post-PLRA procedures. Furthermore, since various provisions of the PLRA are under judicial challenge, old procedures may persist. Appended outline of the PLRA and sample forms used in case processing

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