NCJ Number
106568
Date Published
1985
Length
105 pages
Annotation
This manual is intended for use by prisoners and those interested in their welfare and explains the procedures and theories commonly used by prisoners in civil actions in Federal courts.
Abstract
The manual is addressed mainly to prisoners incarcerated in Federal institutions, but it also contains information that is useful to prisoners in State or county facilities and those helping them. A discussion of the Federal Tort Claims Act (FTCA) focuses on the distinctions between work-related injuries, intentional torts, and unintentional torts. It also outlines the prima facie cases of negilgence required by FTCA filing and lists the steps in that process. A description of general civil actions in Federal courts emphasizes the importance of the Federal Rules of Civil Procedure. It also provides practice tips and case law of special interest to prisoners. The final section discusses the problem of proving 'personal involvement' of official defendants in prisoners' rights actions under the Bivens doctrine. The material applies to both State and Federal prisoners. Case citations and appended forms.