Primer for Jail Litigators - Some Practical Suggestions for Surviving and Prevailing in Your Lawsuit (From Prisoners and the Law, P 17-3 to 17-94, 1985, by Ira P Robbins, ed. - See NCJ-100564)

• NCJ Number: 100576
• Author(s): E I Koren; J Boston; E R Alexander; D E Manville
• Date Published: 1985
• Length: 92 pages
• Sale Source: Clark Boardman Company, Ltd
• Language: English
• Country: United States of America

Annotation

This article guides attorneys in planning, preparing, and prosecuting inmate lawsuits that challenge local jail conditions.

Abstract

Attorneys should review significant legal decisions bearing upon inmate rights, notably the U.S. Supreme Court cases of Bell v. Wolfish (regarding the rights of pretrial detainees) and Rhodes v. Chapman (regarding the rights of sentenced inmates). Specific remedies should be the goal of the lawsuit, and political realities must be assessed in the case's jurisdiction. Threshold decisions include the choice of forum (State or Federal court), the selection of remedial options, and the designation of proper defendants. Preliminary planning and research encompasses initial contact with the plaintiffs, collection of documents, a preliminary tour of the facility, and identification of case expenses and funding sources. Experts can profitably be used at every stage of the lawsuit. Other preparatory steps are drafting the complaint, class certification, and discovery. Jail case defenses pertain to lack of funding, improved conditions, future improvements, and qualified immunity. Other steps are proving the case, enforcing and defending a judgment, and determining and paying attorneys fees. Appendixes list leading post-Wolfish and post-Chapman Federal decisions and relevant standards publications. 378 notes.