Prisoners’ Rights
The Prisoners’ Rights Program works to improve conditions in Texas prisons and jails through litigation and advocacy. Over 200,000 people are incarcerated in Texas on any given day, and most do not have any access to attorneys. Prisoners tell TCRP horrific stories of wrongful deaths, denial of medical care, violations of due process, and excessive force every day.
TCRP only has the resources to represent less than one percent of the hundreds of prisoners who contact us each year for help. The Prisoners’ Rights Program concentrates on cases that will have broad impact by changing a policy or creating other systemic relief.
Success Stories
“You handled everything so wonderful. You was even able to sooth my broken heart. May God bless you.” – Former client whose daughter committed suicide in county jail.
Represented four children who were physically and sexually abused in the Texas Youth Commission in a suit where TYC paid clients $625,000 and agreed to make extensive changes to facilities outlined in a nine page document;
Filed suit on behalf of a magazine publisher in a suit where a large county jail banned inmates from receiving magazine Prison Legal News, forcing the jail to change its policy;
A mentally ill man committed suicide in a county jail after he was arrested for threatening to kill himself. The Prisoners’ Rights Program won a substantial monetary settlement for his surviving family and required the jail’s policies and training undergo a review by an independent expert;
A seriously mentally ill immigrant from Iran was arrested following a misunderstanding at a convenience store. During the months he spent in jail, he was denied treatment for his mental illness, and ultimately assaulted by two jail guards who punched him in the face and shaved off the beard he was growing for religious reasons. The Prisoners’ Rights Program won an $80,000 settlement;
An African-American prisoner was shocked in the back with a cattle prod by a guard yelling racial epithets. TCRP secured a settlement favorable to the client;
A prisoner suffered a fatal asthma attack while prison guards mocked him rather than summon medical attention. TCRP won a settlement favorable to his brother and grandmother.
In most cases, before TCRP can provide a prisoner legal assistance, the prisoner must use the grievance process for the facility they are incarcerated in to comply with the Prison Litigation Reform Act. Though many grievance systems are ineffective, an inmate must at least try to resolve a problem through the grievance process in most cases before legal action can be taken. Before contacting TCRP, make sure to submit grievances that comply with the prison or jail’s policies, and file any required appeals.
For inmates in the Texas Department of Criminal Justice: complete a Step 1 and Step 2 grievance, being careful to follow TDCJ’s grievance rules. Only address the issue you want assistance with, as each grievance can only address one issue. Make sure to file your grievance within 15 days of the event you are complaining about, or as soon as possible. Consult your TDCJ Offender Handbook for more information about how to file a grievance.
Family of TDCJ inmates can also contact TDCJ’s Ombudsman. Speaking with the Ombudsman does not exhaust administrative remedies under the PLRA. If you wish to take legal action, you must also make sure Step 1 and Step 2 grievances have properly been filed in most cases.
For inmates in county jails: policies vary by county. Please consult your inmate handbook for information about how to file a grievance.
All county jails are inspected annually by the Texas Commission on Jail Standards. To report a problem to the Commission, you can complete an online form here. Contacting the Commission does not exhaust administrative remedies under the PLRA. If you wish to take legal action, you must also make sure to follow the applicable policies in jail in most cases.
For inmates in the Texas Youth Commission: there are several options to file a grievance.
For children in TYC custody, grievance forms are available from the grievance clerk on each dorm. Request a form, complete it and place it in the secure drop box on the dorm. TYC has 15 days to respond to the grievance
For parents, guardians and other youth advocates: grievances can be submitted to TYC’s Incident Reporting Center.
If TYC does not satisfactorily respond to the grievance within 15 business days, the grievance must be appealed. Ask the individual facility who grievance appeals should be addressed to. If the appeal does not resolve the problem within 15 business days, another appeal must be filed with TYC’s executive director at TYC’s central office.
For more information about TYC’s process, see TYC’s website.
Children, family and youth advocates: can also contact the Office of the Independent Ombudsman, an independent watchdog agency supervising TYC. Speaking with the Ombudsman does not exhaust administrative remedies under the PLRA.
If you wish to take legal action, you must also make sure the above described grievance procedures have been completed in most cases.
Jailhouse Lawyers Handbook: The National Lawyers Guild together with the Center for Constitutional Rights distribute: The Jailhouse Lawyers Handbook: How to Bring a Federal Lawsuit to Challenge Violations of Your Rights in Prison. Please click here for more information.
To read more about TCRP’s Prisoners’ Rights Program, click here.
