Note The library cannot tell you what the law means for your situation.
If an inmate experiences certain kinds of problems during their incarceration, they can file a grievance about the problem with their unit officials. Common grievances received by TDCJ include:
Most prisoners will need to file a grievance about a problem before they can file a lawsuit to try to resolve the issue. The Prison Litigation Reform Act (PLRA) requires an inmate to exhaust all administrative remedies before a lawsuit is filed in federal court.
TDCJ's Offender Grievance Operations Manual has more information on how a grievance is processed. TDCJ does not have the newest edition of this manual uploaded online, but older editions are available online.
A lawsuit under 42 U.S. Code Section 1983 (often referred to as a "Section 1983 lawsuit") allows a person to sue state or local officials in federal court for violating their constitutional rights. These lawsuits often involve claims of excessive force, unlawful arrests, or denial of due process.
An official may be liable if they acted "under color of state law" and caused the rights violation. The Jailhouse Lawyer's Handbook explains the requirement:
Section 1983 only allows you to sue for actions taken “under color of state law.” This usually means that your rights must have been violated by a state or local official. This includes people who work for the state, city, county, or other local governments. If you are in a state prison, anything done to you by a prison guard, prison doctor, or prison administrator (like the warden) is an action “under color of state law.”
If you are not incarcerated and have a concern about a Texas prison, you can submit a complaint to the Texas Board of Criminal Justice's (TBCJ) Independent Ombudsman.
This office helps families, friends, and the public get answers about prison policies, conditions, and inmate treatment. The ombudsman can help explain policies and make sure prison staff follow proper procedures.
Note The library cannot tell you what the law means for your situation.