Law Student’s Article Helps Prisoners Understand Rights

Alex Rubenstein, a Rutgers–Camden law student, has written an article and developed a pamphlet to help those prisoners navigate the process.

“The Prison Litigation Reform Act makes it harder for prisoners to file civil rights lawsuits against prisons, but many of these procedures are not uniform,” Rubenstein explains. “That is, procedures for pursuing remedy within the prison can vary from prison system to prison system and in some cases from prison to prison. They often contain numerous technical requirements.”

Upon learning of the statute during a civil rights class, Rubenstein took on a pro bono research project and wrote an article to help prisoners navigate procedural hurdles that can otherwise bar civil rights claims. The article was published in a Pennsylvania Prison Society newsletter. The society is a nonprofit organization that advocates on behalf of prison inmates in Pennsylvania and the newsletter reaches inmates throughout the state.

 “The Prison Litigation Reform Act is fraught with complexities and if prisoners wish to successfully pursue claims both within and outside of the prison, compliance with the grievance process set up at each individual prison vital,” says Todd Berger, managing attorney for the Federal Prisoner Re-entry Project at Rutgers–Camden. “Alex’s work will help prisoners who are very much in need of legal assistance navigate this extremely complex process.”

Rubenstein, originally from Alexandria, Va. and now living in Camden, says many prisoner complaints challenge prison conditions.

“The main reason the PLRA was passed was the volume of prison litigation,” Rubenstein says. “The fact of the matter is the vast majority of prisoner suits are frivolous. But the issue with the PLRA is that it doesn’t only keep out the bad claims, it keeps out the good claims, too. The people who have valid grievances — like prison conditions or medical care — have a more difficult time filing the grievance due to deadlines and other specifics.”

Rubenstein also developed a forthcoming pamphlet on the topic set for distribution by the Pennsylvania Prison Society.

“This is a great example of how different parts of the Rutgers Law curriculum interrelate and can help a motivated student like Alex to have an impact on the real world while still in law school,” says Sarah Ricks, a clinical professor of law and co-director of the Pro Bono Research Project at Rutgers–Camden.

Adds Rubenstein, “I’m very proud of this because it has practical implications. There are a lot of opportunities at the Rutgers School of Law–Camden that allow you to be trained as a lawyer and apply what you learn to real-life experiences.”

Rubenstein, who earned his undergraduate degree in anthropology from Macalester College in St. Paul, Minn., will work in the litigation department for the Philadelphia law firm Stradley, Ronon, Stevens, and Young after he graduates this spring.

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