Prisoners who experience violations of their civil rights in a correctional institution might pursue legal action to change unlawful prison practices or seek compensation for losses they’ve suffered. However, the Prisoner Litigation Reform Act governs a prisoner’s right to file a civil rights lawsuit in federal court. As a result, when you or a loved one has experienced a deprivation of your rights while incarcerated, you need to understand how the PLRA affects the process of filing a civil rights lawsuit against government and prison officials.
The Administrative Exhaustion Requirement
The Prison Litigation Reform Act (PLRA) imposes specific requirements on prisoners who wish to file a civil rights lawsuit in federal court regarding the conditions of their confinement, such as for alleged deprivations of medical care, unsanitary or dangerous living conditions, or assaults by corrections officers. First, the PLRA imposes an administrative exhaustion requirement. The law requires prisoners to exhaust their correctional facility’s internal grievance procedures before they can file a federal lawsuit, including pursuing all administrative appeals of a denied grievance. However, courts have excused prisoners from the administrative exhaustion requirement if a prisoner can prove that they have no administrative remedy available to them or a breakdown in the administrative process occurred (such as prison officials refusing to provide or respond to grievance forms).
The Physical Injury Requirement
A prisoner cannot seek compensation for emotional or mental injuries caused by a civil rights violation in prison unless they can also prove that they suffered a physical injury due to that violation. However, this physical injury requirement does not apply to claims for declaratory or injunctive relief to stop or change prison procedures causing civil rights violations.
The Three Strikes Rule
The PLRA also imposes harsh consequences for prisoners who repeatedly file “frivolous” civil rights lawsuits. When a prisoner files a civil rights lawsuit pro se (without legal representation from an attorney), and the federal court dismisses the case as frivolous or maliciously filed, it counts as a “strike” against the prisoner. After three strikes, a prisoner cannot file another lawsuit in forma pauperis (a status that waives court filing fees) and must pay all filing fees in full upfront, unless the prisoner alleges they face an imminent risk of serious physical injury.
Filing Fees and Fee Caps
The PLRA requires prisoners to pay court filing fees in full, but the law allows prisoners to pay those fees via a payment plan that deducts payments from their trust account. The law also imposes caps on the fees that attorneys representing inmates can charge their clients for successful claims.
What the PLRA Means for Oregon Inmates
The PLRA imposes requirements for inmates’ civil rights complaints for several reasons. First, the administrative exhaustion requirement allows prison officials to address and remedy alleged civil rights violations. The law discourages prisoners from filing lawsuits to assert frivolous claims or retaliate against prison officials by requiring inmates to pay fees and removing the option for payment plans after multiple frivolous claims. The act also minimizes frivolous compensation claims by requiring prisoners alleging emotional or mental harm to show a corresponding physical injury. As a result, the procedural hurdles of the PLRA make it critical for prisoners to seek legal counsel when pursuing civil rights claims.
Contact a Prisoner Civil Rights Attorney Today
If you or a family member has suffered a deprivation of civil rights in a correctional facility, the PLRA can govern your right to seek relief through a federal lawsuit. Contact Wayne A. Lamb Law today for a free, confidential consultation with a prisoner civil rights lawyer to learn more about the PLRA and to get experienced legal guidance and advocacy to help you or a loved one pursue relief or compensation for prison civil rights violations.