This article is co-authored by associate Deborah Jaffe and JGL law clerk Grace McKaveney.
About a third of prisoner civil rights cases filed in federal district courts fail because of strict requirements set by the Prison Litigation Reform Act.
In 1996, Congress passed the Prison Litigation Reform Act (PLRA) to reduce the number of frivolous civil rights lawsuits filed by incarcerated people. And technically, it worked. However, in doing so, it has made it more difficult for incarcerated people to file meritorious lawsuits about unlawful conditions or treatment they have faced by placing rules and limitations on such filings. If you or a loved one is considering suing in federal court, it is important to know what barriers you may face.
What Claims You Can Bring
If you are incarcerated and have been subjected to cruel or unusual punishment during confinement in violation of your constitutional rights under the Eighth Amendment, you may consider suing the prison or prison staff for the deprivation of your rights. Before you do, it is important to consider whether your claim may be barred by the PLRA.
The Exhaustion Requirement
Incarcerated people must exhaust all available administrative remedies before filing a lawsuit. This means that you must go through the prison’s own grievance and appeal process before you can sue in federal court. The court may dismiss your claim if the opposing party says and proves that you did not finish every step of the internal grievance process.
In Maryland, incarcerated people must use the Administrative Remedy Procedure (ARP) if they want to file a complaint about their conditions of confinement. This includes complaints about medical and mental health services, lost or stolen property, staff behavior, conditions affecting their health, safety, or welfare, and more. For example, someone who was not given the medication they need on time or someone who lives in a hazardous cell may file an ARP.
This process has three steps:
- First, you must file an ARP within thirty days after the incident occurred or you learned about the incident, whichever is later, to the prison’s managing official, typically the Warden.
- Second, if the managing official denies your initial ARP or fails to respond to the ARP within the established timeframe, you have thirty days to file an appeal to the Commissioner of Correction.
- Third, if the Commissioner of Correction denies that appeal, you have thirty days to file another appeal to the Inmate Grievance Office.
Notably, this process is not available for complaints involving case management decisions, parole decisions, disciplinary decisions, appeals to withhold mail, or acts by staff or other inmates falling under the Prison Rape Elimination Act.
The Physical Injury Requirement
Incarcerated people are prevented from recovering damages for a mental or emotional injury they suffered while in custody without also showing some physical injury or sexual act. This requirement bars incarcerated people from recovering compensatory damages, or money to make them whole, but does not bar nominal damage or injunctive and declaratory relief. In other words, without a showing of physical injury, you may still be able to obtain a small amount of money to recognize your rights were violated (like $1), a court order telling someone what to do or not do, or an official statement from the court stating what your legal rights are.
What You Should Know Before You Bring a Claim
Even if you have a claim, it is important to know that there are financial barriers under the PLRA that may affect your ability to file a lawsuit.
Filing Fees
Incarcerated people must pay court filing fees in full regardless of their ability to pay such fees. The initial cost to file a complaint is $405, or $350 for those who proceed in forma pauperis, meaning they cannot afford to pay everything upfront. Inmates who proceed in forma pauperis pay these fees through monthly installments based on the amount in their account. This monthly installment scheme applies even when a case is dismissed or withdrawn, and payments continue until the filing fees are paid in full.
The Three Strikes Provision
A dismissal of an incarcerated person’s lawsuit or appeal as frivolous, malicious, or for failure to state a claim counts as a “strike” against them. If an incarcerated person receives three or more “strikes,” they cannot proceed with a new suit in forma pauperis, or without prepaying all the filing fees in full. However, there is an exception to the “three strikes” provision if an inmate is under imminent danger of serious physical injury. For example, someone with asthma who alleges that they are repeatedly denied proper medical care is under imminent danger of serious physical injury and may file in forma pauperis, despite already having three strikes.
Key Takeaways
Since Congress passed the PLRA, the filing rate has dropped about 36 percent, as of 2020. While it has been effective in limiting the number of frivolous lawsuits, the PLRA is widely criticized for establishing significant procedural and financial barriers for incarcerated people, which can prevent meritorious claims from being heard. By understanding the requirements and limitations set by the PLRA, you can better navigate the legal system and use your voice to seek justice.
