Curtailing Frivolous Section 1983 Inmate Litigation: Laws, Practices, and Proposals

• NCJ Number: 162826
• Journal: Federal Probation Volume: 59 Issue: 4 Dated: (December 1995) Pages: 53-61
• Author(s): J R Maahs; R V del Carmen
• Date Published: 1995
• Length: 9 pages
• Publication Format: Article
• Publication Type: Report (Technical Assistance)
• Language: English
• Country: United States of America

Annotation

Current and proposed efforts by judicial, legislative, and executive officials to prevent inmates from initiating frivolous Section 1983 litigation are discussed.

Abstract

Prisoners may file civil lawsuits in both Federal and State courts under 42 USC Section 1983 for deprivation of constitutional rights. Inmate lawsuits have focused on lack of medical treatment, violations of due process, poor living conditions, violation of religious freedom, assault by prison officers, and unequal treatment. Lawsuits can be frivolous in that they state no claims upon which relief can be granted or that they concern trifling matters. Judicial responses have included threats of contempt should the pattern continue, orders requiring a list of all causes previously filed on this specific cause, orders requiring an affidavit that each case is raising a new issue, general orders requiring a partial payment of court fees, and standardized complaint forms. Congress has enacted legislation permitting Federal district courts to compel State prison inmates to exhaust remedies provided by the States' certified prison grievance machinery before their cases could be heard in Federal court. Most State laws have focused on the imposition of filing fees. In the spring of 1994 the National Association of Attorneys General proposed a model State law designed to curtail frivolous inmate lawsuits through a variety of administrative measures. Another administrative remedy often suggested is the use of grievance procedures to settle minor disputes that otherwise escalate into lawsuits. Texas, which has perhaps the highest inmate population in the country, has taken several steps to cope with lawsuits and improve future conditions. These judicial, legislative, and administrative remedies all seek to prevent or deter frivolous inmate litigation or to streamline the screening and processing of the complaints. Tables and reference notes