RIGHTS OF PRISONERS AND PATIENTS - A LITIGATION HANDBOOK

• NCJ Number: 51252
• Author(s): C F MORGAN; M A MILLEMANN; J R BRANDA
• Date Published: 1978
• Length: 281 pages
• Sponsoring Agency: American Bar Assoc (Basics)
• Corporate Author: Maryland State Bar Assoc
• Sale Source: Maryland State Bar Assoc
• Language: English
• Country: United States of America

Annotation

THIS LITIGATION HANDBOOK, INTENDED AS AN AID TO MARYLAND LEGAL PRACTITIONERS, FOCUSES ON THE FEDERAL AND STATE LAWS GOVERNING THE RIGHTS OF PRISONERS AND PATIENTS CONFINED IN MARYLAND INSTITUTIONS.

Abstract

FOLLOWING A DISCUSSION OF THE PRACTICAL AND LEGAL CONSIDERATIONS INVOLVED IN THE LITIGATION OF A MAJOR PRISONERS' RIGHTS ACTION AND THE MANY PROCEDURAL PROBLEMS POSED BY SUCH LITIGATION, THE SUBSTANTIVE LEGAL RIGHTS OF CONVICTED PRISONERS, PRETRIAL DETAINEES, AND MENTAL PATIENTS ARE EXAMINED. PROCEDURAL DUE PROCESS, CONDITIONS OF CONFINEMENT, AND THE RIGHT OF ACCESS TO THE COURTS ARE DISCUSSED, ALONG WITH THE FIRST AMENDMENT RIGHTS OF PRISONERS, PAROLE AND PARDONS, THE RIGHT TO CREDIT FOR TIME SERVED, MISCELLANEOUS LEGAL PROBLEMS OF PRISONERS, AND DAMAGE ACTIONS AGAINST PRISON OFFICIALS UNDER THE FEDERAL CIVIL RIGHTS ACT. ENFORCING THE RIGHTS OF DETAINEES AND THE PROCESS OF INVOLUNTARY COMMITMENT AND REVIEW ARE ALSO EXAMINED. APPENDED MATERIALS INCLUDE ASSORTED FORMS--MODEL PLEADINGS, MOTIONS, AND DISCOVERY REQUESTS--RELEVANT TO PRISON, JAIL, AND MENTAL HEALTH LITIGATION. RELEVANT JUDICIAL DECISIONS ARE FOOTNOTED, ALONG WITH OTHER REFERENCES. (KBL)