Did you Know-How to File Administrative Remedy Forms

by Cedric Dean (Federal Inmate)
State and Federal prisons emphasize and encourage the resolution of complaints be addressed through the Administrative Remedy Process. Complaints regarding a tort claim, inmate accident compensation, Freedom of Information or Privacy Act Requests and complaints on behalf of other inmates are not accepted under the administrative remedy procedure.

The first step of filing your complaint is knowing the policy statement that affords you what you are legally entitled to. The following is a list of general rights under the Constitution:

• You have the right to expect that as a human being you will be treated respectfully, impartially and fairly by prison personnel.

• You have the right to be informed of the rules, procedures and schedules concerning the operation of the institution.

• You have the right to health care, which includes nutritional meals, proper bedding and clothing and a laundry schedule for cleanliness of the same, an opportunity to shower regularly, proper ventilation for warmth and fresh air, a regular exercise period, toilet articles and medical and dental treatment.

• You have the right to freedom of religious affiliation and voluntary religious worship.

• You have the right to visit and correspond with family members and friends, and to correspond with members of the news media in keeping with your prison rules.

• You have the right to unrestricted and confidential access to the courts by correspondence (on matters such as the legality of your conviction, civil matters, pending criminal cases and conditions of your imprisonment).

• You have the right to legal counsel from an attorney of your choice by interviews and correspondence.

• You have the right to participate in the use of the law library reference materials to assist you in resolving legal problems. You also have the right to receive help when it is available through a legal assistance program.

• You have the right to a wide range of reading materials for your own enjoyment. These materials may include magazines and newspapers sent from the community with certain restrictions.

Ordinarily your complaint must be covered by at least (1) one of the stated rights.

The second step is to briefly state the “facts” of your problem and your legal entitlement right(s). Do not state how you feel only the depravation incurred.

The third step is to specify what action will resolve your complaint.

It is important to maintain all written request to staff regarding your complaint. Document the dates and times of all verbal requests to the staff.

Response time limits vary from state to state, but you can make a written request for the time limits.

In the event of an appeal, respond directly to the prison’s response. Only issues in the original complaint may be addressed. On your appeal, state only your legal entitlements and how the prison’s response does not address your complaint.

When a complaint is determined to be an emergency in nature and threatens your immediate health or welfare, the reply must be made as soon as possible.

The complaint ordinarily must be filed within 20 calendar days from the date on which the basis for the incident or complaint occurred unless it was not feasible to file within that period of time.

Note: The time limit for the response may be extended but you must be notified of the extension.

Next post: How to represent yourself before the disciplinary hearing officer.