×
You have 2 more free articles available this month. Subscribe today.
Grievance Appeals Necessary
Being incarcerated now for over nine years between the federal BOP and the state of Alaska, I have found that many prisoners who file grievances do not follow up on them. Many get "pissed off" and go with that attitude when initially filing grievances against their keepers. When the grievance is denied they do not appeal it to the next highest level.
The error in this approach is that it does not get information about the problem out of the institution. All joints will try their best to retain their wrong-doings within their own walls. One must at least appeal a grievance to the next step and further if possible. If enough wrong-doing information gets to regional or state capitol offices, the higher ups will think there is a problem and maybe correct it.
If a prisoner was done wrong and gets no adequate relief, most states prisoners can appeal their grievances, and even their disciplinaries into their own state court system. It's a civil matter which could be found in the state's "Rules of Administrative Procedure" or "Administrative Code." All state have them. Along with the codes, many states have additional instructions on how to litigate pro se appeals in their "Rules of Appellate Procedure."
All it will cost you is postage to litigate. Indigency can be expressed in a forma pauperis application. You can even petition the court for the appointment of counsel. I would suggest you follow the outline set fourth in the Prisoners Self-help Litigation Manual. I think obtaining a judgement or out-of-court settlement would be faster in state rather than federal court.
Even though you're taking a state agency (DOC) into a state court, there are a lot of mitigators that could be toward you when you stay with it. That's the whole key--stay with it. Litigation is like a slot machine; it has its ups and downs, but the more you play it the better chances you have to get that jackpot.
Jack Leck II
Spring Creak Corr. Cntr.
Seward, Alaska 99664
The error in this approach is that it does not get information about the problem out of the institution. All joints will try their best to retain their wrong-doings within their own walls. One must at least appeal a grievance to the next step and further if possible. If enough wrong-doing information gets to regional or state capitol offices, the higher ups will think there is a problem and maybe correct it.
If a prisoner was done wrong and gets no adequate relief, most states prisoners can appeal their grievances, and even their disciplinaries into their own state court system. It's a civil matter which could be found in the state's "Rules of Administrative Procedure" or "Administrative Code." All state have them. Along with the codes, many states have additional instructions on how to litigate pro se appeals in their "Rules of Appellate Procedure."
All it will cost you is postage to litigate. Indigency can be expressed in a forma pauperis application. You can even petition the court for the appointment of counsel. I would suggest you follow the outline set fourth in the Prisoners Self-help Litigation Manual. I think obtaining a judgement or out-of-court settlement would be faster in state rather than federal court.
Even though you're taking a state agency (DOC) into a state court, there are a lot of mitigators that could be toward you when you stay with it. That's the whole key--stay with it. Litigation is like a slot machine; it has its ups and downs, but the more you play it the better chances you have to get that jackpot.
Jack Leck II
Spring Creak Corr. Cntr.
Seward, Alaska 99664
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login