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Adamson v. Correctional Medical Services6/14/2000
rily to challenge their conditions of confinement in prisons or jails. Federal district courts have jurisdiction over cases by state prisoners under the 1871 Civil Rights Act, 42 U.S.C. ยง 1983. Section 1983 is now interpreted as creating a private cause of action against any person who, under color of state law, deprives another citizen or person within the jurisdiction of the United States of "any rights, privileges, or immunities secured by the Constitution and laws" of the United States. . .
Alleged violations of prisoners' civil rights most commonly involve the "cruel and unusual punishments" clause of the Eighth Amendment, the free exercise of religion clause of the First Amendment, and the due process clause of the Fourteenth Amendment.
Dorothy Schrader, Prison Litigation Reform Act: Survey of Post-Reform Act Prisoners' Civil Rights Cases, Congressional Research Service Report for Congress, 4 Nov. 1997, at 2 ("CRS PLRA Survey"). These civil rights claims were seen by Congress as being largely frivolous. The PLRA was enacted to stop the flood of prisoner cases by curtailing "the authority of the federal courts to remedy prison conditions, including prison overcrowding, that allegedly violate prisoners' federal rights." CRS PLRA Survey, at 1. Until its inception, " he pre-PLRA section 1997e(a) granted district courts discretion whether to require a prisoner to exhaust his administrative remedies." Alexander v. Hawk, 159 F.3d 1321, 1323 (11th Cir. 1998). Under the PLRA, Congress created a steeplechase obstacle in the path of prisoner actions seeking a forum in federal court. Getting over that wall is difficult:
The [PLRA] generally requires payment of filing fees and exhaustion of administrative remedies; curtails the authority of federal courts to order prospective relief, including early releases of prisoners to remedy prison overcrowding; bars federal court-ordered prison construction and orders to raise taxes as remedies; places limits on repeat frivolous filers; and requires that prisoners who win monetary damage awards must use the money to pay their outstanding restitution orders to compensate crime victims. CRS PLRA Survey, at 3. 42 U.S.C. 1997e(a) in particular requires the exhaustion of all available administrative remedies. It states:
(a) Applicability of administrative remedies. No action shall be brought with respect to prison conditions under section 1979 of Revised Statutes of the United States (42 U.S.C. 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.
In Maryland, the General Assembly's response to the Congressional enactment of the PLRA was swift. In a memorandum dated 5 March 1997, the Department of Public Safety and Correctional Services commented in favor of H.B. 926, the bill which eventually became the PLA:
This bill parallels Congressional action last year to remove frivolous prisoner litigation from the federal courts. Absent similar state legislation, it is likely this new federal law will not yield a reduction in frivolous litigation filed by inmates, but will shift their interest in filing to state courts. Consequently, the Department will not enjoy any of the benefits of a reduction in federal lawsuits brought by inmates. The correctional institutions will still be required to transport the inmate to court, and correctional officers and other staff will be absent from duty in order to appear as witnesses in court.
HB 926 is intended to discourage inmates from filing frivolous lawsuits. The Department is confident the courts will continue to hear and decide any legitimate
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Maryland Personal Injury Attorneys
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