RECOMMENDED PROCEDURES FOR HANDLING PRISONER CIVIL RIGHTS CASES IN THE FEDERAL COURTS - TENTATIVE REPORT

• NCJ Number: 34930
• Author(s): ANON
• Date Published: Unknown
• Length: 55 pages
• Corporate Author: Federal Judicial Ctr
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

TENTATIVE REPORT OF A STUDY OF CURRENT METHODS OF HANDLING PRISONER CASES IN THE FEDERAL COURTS AND RECOMMENDATIONS FOR MORE EFFECTIVE HANDLING OF THESE CASES BY FEDERAL DISTRICT AND CIRCUIT JUDGES.

Abstract

THIS STUDY WAS UNDERTAKEN IN RESPONSE TO A REVERSAL IN THE 'HANDS OFF' POLICY PREVIOUSLY DOMINATING COURT TREATMENT OF PRISONER RIGHTS CASES. THE PROPOSED STANDARDS INCORPORATE WHAT STUDY COMMITTEE MEMBERS FEEL ARE THE BEST EXISTING PROCEDURES USED BY FEDERAL JUDGES THROUGHOUT THE COUNTRY. RECOMMENDATIONS INCLUDE CENTRALIZATION IN MULTIJUDGE COURTS, USE OF A STANDARD COMPLAINT FORM, SUA SPONTE DISMISSAL PROVISIONS, MAXIMUM POSSIBLE USE OF MAGISTRATES IN PROCESSING PRISONERS' RIGHTS CASES, AND SPECIAL REPORTS MADE BY THE DEFENDANT TO DETERMINE HIS VERSION OF THE FACTS. EACH STANDARD SUGGESTED IS FOLLOWED BY A COMMENTARY THE IMPACT OF ADOPTING IT. APPENDIXES CONTAIN INSTRUCTIONS AND FORM FOR FILING A PRISONER CIVIL RIGHTS CASE AND A SUGGESTED FORM FOR AN ORDER REQUIRING SPECIAL REPORT.