Prisoner Constitutional Rights Litigation

Catalog description

Prisoner Rights Litigation is enormous. It accounts for up to twenty percent of cases filed in federal courts; indeed, over 300 of the roughly 1,500 civil cases filed in the U.S. Court of Appeals for the Seventh Circuit in 2022 were brought by prisoners alleging unconstitutional conditions of confinement (lack of healthcare or dental care, cell infestations, inhumane temperatures, discipline without due process, suppression of religion or speech, or inadequate diet-to name some). And in this area, access to counsel is a critically unmet legal need, forcing many prisoners to litigate potentially meritorious claims without counsel. Yet this absence of counsel is perplexing given that this practice area can be lucrative for attorneys due to the guarantee of attorneys' fees under the Civil Rights Attorneys Fees Act. To resolve that discrepancy, this course is intended to prepare students for practice in prisoner's rights cases. This course will benefit students whether they practice in this area full time or on a pro-bono basis. The topics this course will cover include the federal rights that individuals retain while detained pending trial and after conviction, as well as areas of practice unique to litigating prisoners' constitutional claims. Students will also have an opportunity during the semester to hear from a guest speaker (TBA) who was formerly incarcerated and will discuss common issues of living in prison, including physical conditions, medical and mental health care, access to the grievance process and the courts in general. Course formative and evaluative assessments will provide students opportunities to learn the material, demonstrate understanding, and hone writing skills for practice. The primary method to assess student learning in this course will be the preparation of both a trial brief and an appellate brief. Students will also undergo four unannounced quizzes that will measure how well they understand the material. In addition to these assignments, class participation is critical and will be part of the final course grade.