How to Use This Resource Site
This website is designed to help people who are incarcerated and those supporting them understand and protect their legal rights. It brings together practical legal information, tools, and plain-language explanations that you can use on your own or alongside help from an attorney or advocate.
You do not need legal training to use this site. The materials are organized so you can start wherever makes the most sense for your situation.
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If you are trying to understand your rights, start with the sections that explain what rights people have in jail or prison and common examples of how those rights are often violated.
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If you are thinking about filing a lawsuit, look at the sections that explain what types of cases courts allow to be brought, who can be sued, and what steps must be taken before and after filing.
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If you have already filed a case, the later sections explain what happens next, including motions, discovery, and possible outcomes.
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If you are helping someone who is incarcerated, you can use this site to better understand the process and share information with them.
The site includes examples, definitions of legal terms, and practical tips. Laws and procedures can change, and rules may differ by state or facility, so use this information as a guide not as a substitute for legal advice.
This resource is meant to be used, shared, and revisited. Take your time, focus on the parts that matter most to you, and use what you find here to make informed decisions about your rights and options.
Welcome To
The Litigation Guide
A platform providing legal resources for individuals pursuing litigation against prisons and jails. We discuss common legal topics with legal professionals, highlight helpful cases, and provide samples of legal documents.
We are not a law firm. We do not provide legal advice, nor can we represent anyone in court.
Who It's For
This resource is for anyone who is litigating prisons and jails — including incarcerated individuals, attorneys, legal organizations, and families and friends of incarcerated individuals.
Start Here
Exhausting Administrative Remedies
Before filing a lawsuit, it is almost always necessary to exhaust all administrative remedies. Courts regularly dismiss cases when this step is skipped. Unless prisoners are facing immediate danger or an emergency, the Court says that they should complete all required grievance or claim procedures before filling anything with the court. If not, the Defendants will ask the Court to dismiss the case, in which they are highly likely to do.
Starting a Lawsuit
Starting a lawsuit as a prisoner can help correct mistreatment, unsafe conditions, or other violations of legal rights. For people in federal custody, this resource explains how federal lawsuits can be used to hold officials or the government accountable when those rights are violated. This includes Bivens actions, which allow prisoners to sue individual federal employees seeking damages for certain constitutional violations (deliberate indifference towards a serious medical need, excessive force, etc.). It also includes claims under the Federal Tort Claims Act (FTCA), which allow prisoners to seek compensation against the United States for harm caused by federal employees.
Responding to Motions
If you have filed a lawsuit and receive a motion to dismiss or a motion for summary judgment from the defendants, it is almost always important to respond. These motions ask the court to end your case — either because the defendants claim the law does not support your claims (motion to dismiss) or because they argue there are no facts in dispute and they should win without a trial (motion for summary judgment). If you do not respond on time, the judge may grant the motion simply because no opposition was filed. This resource explains what these motions mean, how much time you usually have to respond, and what a response should include.
Bivens vs. FTCA
Bivens
A Bivens lawsuit is a type of federal civil rights case that allows a person in federal custody to sue individual federal officials for violating certain constitutional rights. These cases are typically brought when a federal employee, acting in their official role, personally caused harm — such as through excessive force, deliberate indifference to serious medical needs, or other constitutional violations. In a Bivens case, the lawsuit is filed against the official in their individual capacity, not against the United States itself, and the relief usually sought is money damages. Bivens claims are limited and courts carefully scrutinize them, which is why exhausting the Bureau of Prisons' administrative remedies is critical before filing.
Federal Tort Claims Act
A Federal Tort Claims Act (FTCA) lawsuit allows a person to seek compensation from the United States government for injuries caused by the negligence of federal employees acting within the scope of their employment. Unlike a Bivens case, an FTCA claim does not allege constitutional violations and does not name individual employees as defendants. Instead, the United States is the only proper defendant. Before filing an FTCA lawsuit in court, a person must first submit an administrative tort claim — usually on Standard Form 95 — and give the government time to respond. FTCA cases often involve issues like medical malpractice, unsafe conditions, or other failures that would be considered negligence under state law.
Legal Disclaimer
The information on this website and in The Litigation Guide is provided for general informational purposes only and does not constitute legal advice. This website is not a law firm, and use of these materials does not create an attorney-client relationship. We do not represent individuals in court, provide legal representation, or accept cases.
We cannot give advice specific to your legal situation or tell you what you should do in your case. Laws, rules, and deadlines vary by jurisdiction and can change over time, and you are responsible for confirming that any information you rely on is current and applicable to your circumstances.
At a person's request, we may provide limited paralegal or legal support services, such as legal research, document preparation, or administrative assistance, under the individual's direction, and for a fee where applicable. These services are not legal representation and do not substitute for advice from a licensed attorney.
If you need legal advice or representation, you should consult a qualified lawyer.