NCJ Number
73223
Journal
Columbia Human Rights Law Review Volume: 9 Issue: 2 and V 10, N 1, double issue Dated: (Fall-Winter 1977-78, Spring-Summer 1978) Pages: 65-101
Date Published
1978
Length
38 pages
Annotation
This article for New York prison inmates explains 42 U.S.C. Section 1983; covers inmates' rights under this section of the statute; and gives instruction on how to draft a complaint, how to obtain legal assistance, and what to expect.
Abstract
Section 1983 is part of a Federal statute to help persons defend their constitutional rights to due process and equal protection under the law. The two major conditions to obtaining relief under section 1983 are (1) proving a violation of constitutional rights or rights guaranteed under Federal law and (2) proving that the actions or conditions leading to the suit were taken by someone empowered by a State. Prisoners have won rights-denial cases about interference with use of the courts, expression of political views, racial segregation, and many others. Under Section 1983, the courts are empowered to punish the defendant if illegal intent can be proved, provide the complainant with compensatory or nominal monetary damages, deliver an injunction, or issue a statement of rights when violation is merely threatened. Further discussion covers types of injunctions and how to file for them. Prisoners are instructed about special problems for filing a 1983 complaint, including choosing a court, how to limit the effect of a moot defense, and requirements of class action suits. Discussion of drafting and filing a complaint covers how to file, the importance of providing the court with an accurate account of the incident, statute of limitations, necessary papers to file, and where to file in New York State. Finally, the inmate is advised that a section 1983 complaint is lengthy and complex and subject to delaying tactics by the defendants. Possible stages of the proceedings to be understood by the inmate include motions to dismiss by the defendant, investigations or 'discovery,' pushing the suit to trial, stalling by the defendant, harassment of the inmate, and dismissals. Footnotes are included.