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Stanko v. Rowton10/30/2000
ago . . . As you said, I'll be released before you have a decision; (sic) making it 'moot' . . ." We take him at his word and will not address this argument as Stanko has withdrawn any claims relating to his request for injunctive relief.
15 Stanko has attempted to equate the aspirational goals contained in the Montana Jail Standards, passed by the Montana Sheriffs' and Peace Officers' Association and the Montana Association of Counties, with administrative rules, which are promulgated by government agencies and which are subject to public commentary and other formal rule-making procedures. Because the Montana Jail Standards are not administrative rules, we will neither review nor apply them as such. Furthermore, the record shows that Sheriff Rowton has not adopted these voluntary, model standards for the FCDC. We conclude that based on the record no administrative rules have been violated by either County Attorney Meissner or Sheriff Rowton.
16 Stanko further alleges that the conditions of his incarceration constituted a violation of constitutional and civil rights under the federal civil rights statutes set forth in Title 42 of the U.S. Code. Relevant as well is the aforementioned Prison Litigation Reform Act of 1996 (PLRA), codified at 28 USC § 1915A. The purpose of the PLRA is to discourage filing of frivolous suits and appeals by prisoners. Blissett v. Casey (N.D.N.Y. 1997), 969 F.Supp. 118, affirmed 147 F.3d 218, certiorari denied 119 S.Ct. 2392, 144 L.Ed.2d 793. The PLRA states:
(a) Screening. The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for dismissal. On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.
(c) Definition. As used in this section, the term "prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. 28 USC, § 1915A
17 Working hand-in-glove with the PLRA is the Civil Rights of Institutionalized Persons Act (CRIPA), codified at 42 USC, § 1997e. The relevant portion of CRIPA states:
Suits by prisoners
(a) Applicability of administrative remedies. No action shall be brought with respect to prison conditions under section 1979 of the Revised Statutes of the United States (42 USC 1983), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.
(b) Failure of State to adopt or adhere to administrative grievance procedure. The failure of a State to adopt or adhere to an administrative grievance procedure shall not constitute the basis for an action under section 3 or 5 of this Act [42 USC § 1997a or 1997c].
(c) Dismissal.
(1) The court shall on its own motion or on the motion of a party dismiss any action brought with respect to prison conditions under section 1979 of the Revised Statutes of the United States (42 USC 1983), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility if the court is satisfied that the a
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