Title 42 — The Public Health and Welfare
Chapter 21 — Civil Rights
§ 1997e. Suits by prisoners
Statutory text
Applicability of administrative remedies
No action shall be brought with respect to prison conditions under section 1983 of this title, 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.
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 1997a or 1997c of this title.
Dismissal
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 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief.
In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.
Attorney’s fees
In any action brought by a prisoner who is confined to any jail, prison, or other correctional facility, in which attorney’s fees are authorized under section 1988 1 of this title, such fees shall not be awarded, except to the extent that—
the fee was directly and reasonably incurred in proving an actual violation of the plaintiff’s rights protected by a statute pursuant to which a fee may be awarded under section 1988 1 of this title; and
the amount of the fee is proportionately related to the court ordered relief for the violation; or
the fee was directly and reasonably incurred in enforcing the relief ordered for the violation.
Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment (not to exceed 25 percent) shall be applied to satisfy the amount of attorney’s fees awarded against the defendant. If the award of attorney’s fees is not greater than 150 percent of the judgment, the excess shall be paid by the defendant.
No award of attorney’s fees in an action described in paragraph (1) shall be based on an hourly rate greater than 150 percent of the hourly rate established under section 3006A of title 18 for payment of court-appointed counsel.
Nothing in this subsection shall prohibit a prisoner from entering into an agreement to pay an attorney’s fee in an amount greater than the amount authorized under this subsection, if the fee is paid by the individual rather than by the defendant pursuant to section 1988 1 of this title.
Limitation on recovery
No Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18).
Hearings
To the extent practicable, in any action brought with respect to prison conditions in Federal court pursuant to section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility, pretrial proceedings in which the prisoner’s participation is required or permitted shall be conducted by telephone, video conference, or other telecommunications technology without removing the prisoner from the facility in which the prisoner is confined.
Subject to the agreement of the official of the Federal, State, or local unit of government with custody over the prisoner, hearings may be conducted at the facility in which the prisoner is confined. To the extent practicable, the court shall allow counsel to participate by telephone, video conference, or other communications technology in any hearing held at the facility.
Waiver of reply
Any defendant may waive the right to reply to any action brought by a prisoner confined in any jail, prison, or other correctional facility under section 1983 of this title or any other Federal law. Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint. No relief shall be granted to the plaintiff unless a reply has been filed.
The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.
“Prisoner” defined
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.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Civil Rights of Institutionalized Persons Act
Pub. L. 96–247 § 7 · 94 Stat. 349
Enacted · 42 U.S.C. § 1997e
Pub. L. 96–247, § 7, May 23, 1980, 94 Stat. 352
Source evidence
Code source credit
Pub. L. 96–247, § 7, May 23, 1980, 94 Stat. 352Enacted provision · exact public law section
SEC. 7. EXHAUSTION OF REMEDIES. (a) (1) Subject to the provisions of paragraph (2), in any action brought pursuant to section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) by an adult convicted of a crime confined in any jail, prison, or other correctional facility, the court shall, if the court believes that such a requirement would be appropriate and in the interests of justice, continue such case for a period of not to exceed ninety days in order to require exhaustion of such plain, speedy, and effective administrative remedies as are available. (2) The exhaustion of administrative remedies under paragraph (1) may not be required unless the Attorney General has certified or the court has determined that such administrative remedies are in substantial compliance with the minimum acceptable standards promulgated under subsection (b). (b) (1) No later than one hundred eighty days after the date of enactment of this Act, the Attorney General shall, after consultation with persons, State and local agencies, and organizations with background and expertise in the area of corrections, promulgate minimum standards for the development and implementation of a plain, speedy, and effective system for the resolution of grievances of adults confined in Publication in Federal Register. any jail, prison, or other correctional facility. The Attorney General shall submit such proposed standards for publica-tion in the Federal Register in accordance with section 553 of title 5, United States Code. Such standards shall take effect thirty legislative Effective date. days after publication unless, within such period, either House of Congress adopts a resolution of disapproval of such standards. (2) The minimum standards shall provide— Minimum standards provisions. (A) for an advisory role for employees and inmates of any jail, prison, or other correctional institution (at the most decentralized level as is reasonably possible), in the formulation, implementation, and operation of the system; (B) specific maximum time limits for written replies to grievances with reasons thereto at each decision level within the system; (C) for priority processing of grievances which are of an emergency nature, including matters in which delay would subject the grievant to substantial risk of personal injury or other damages; (D) for safeguards to avoid reprisals against any grievant or participant in the resolution of a grievance; and (E) for independent review of the disposition of grievances, including alleged reprisals, by a person or other entity not under the direct supervision or direct control of the institution. (c) (1) The Attorney General shall develop a procedure for the Prompt review and certification of systems procedure. prompt review and certification of systems for the resolution of grievances of adults confined in any jail, prison, or other correctional facility, or pretrial detention facility, to determine if such systems, as voluntarily submitted by the various States and political subdivisions, are in substantial compliance with the minimum standards promulgated under subsection (b). (2) The Attorney General may suspend or withdraw the certification under paragraph (1) at any time that he has reasonable cause to believe that the grievance procedure is no longer in substantial compliance with the minimum standards promulgated under subsection (b). (d) The failure of a State to adopt or adhere to an administrative grievance procedure consistent with this section shall not constitute the basis for an action under section 3 or 5 of this Act.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 20416(a)(1) · 108 Stat. 1796
Substituted · 42 U.S.C. § 1997e(a)
Pub. L. 103–322, § 20416(a)(1), substituted “exceed 180 days” for “exceed ninety days” in par. (1)
Inserted · 42 U.S.C. § 1997e(a)
Pub. L. 103–322, § 20416(a)(1), inserted before period at end of par. (2) “or are otherwise fair and effective”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322, § 20416(a)(1), substituted “exceed 180 days” for “exceed ninety days” in par. (1) and inserted before period at end of par. (2) “or are otherwise fair and effective”.Enacted provision · exact public law section
(1) in subsection (a)— (A) in paragraph (1), by striking “ninety days” and inserting “180 days”; and (B) in paragraph (2), by inserting before the period at the end the following: “or are otherwise fair and effective”; andEffective date note
Pub. L. 103–322, title II, § 20416(b), Sept. 13, 1994, 108 Stat. 1834, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Sept. 13, 1994].”Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 20416(a)(2) · 108 Stat. 1796
Inserted · 42 U.S.C. § 1997e(c)
Pub. L. 103–322, § 20416(a)(2), inserted “or are otherwise fair and effective” before period at end of par. (1) and “or is no longer fair and effective” before period at end of par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–322, § 20416(a)(2), inserted “or are otherwise fair and effective” before period at end of par. (1) and “or is no longer fair and effective” before period at end of par. (2).Enacted provision · exact public law section
(2) in subsection (c)— (A) in paragraph (1) by inserting before the period at the end the following: “or are otherwise fair and effective”; and (B) in paragraph (2) by inserting before the period at the end tne following: “or is no longer fair and effective”.Effective date note
Pub. L. 103–322, title II, § 20416(b), Sept. 13, 1994, 108 Stat. 1834, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Sept. 13, 1994].”Pub. L. 104–134 title I § 101 · 110 Stat. 1321
Amended · 42 U.S.C. § 1997e
Pub. L. 104–134 amended section generally
Substituted · 42 U.S.C. § 1997e
Pub. L. 104–134 substituting provisions relating to suits by prisoners, consisting of subsecs. (a) to (h), for former provisions relating to exhaustion of remedies, consisting of subsecs. (a) to (d)
Source evidence
Code amendment note
Pub. L. 104–134 amended section generally, substituting provisions relating to suits by prisoners, consisting of subsecs. (a) to (h), for former provisions relating to exhaustion of remedies, consisting of subsecs. (a) to (d).Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 title XI § 1101(a) · 127 Stat. 54
Inserted · 42 U.S.C. § 1997e(e)
Pub. L. 113–4 inserted “or the commission of a sexual act (as defined in section 2246 of title 18)” before period at end
Source evidence
Code amendment note
Subsec. (e). Pub. L. 113–4 inserted “or the commission of a sexual act (as defined in section 2246 of title 18)” before period at end.Enacted provision · exact public law section
(a) Suits by Prisoners.— Section 7(e) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(e)) is amended by inserting before the period at the end the following: “or the commission of a sexual act (as defined in section 2246 of title 18, United States Code)”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 1988 of this title, referred to in subsec. (d)(1), (4), was in the original a reference to section 2 of the Revised Statutes of the United States (42 U.S.C. 1988), and has been translated as reading section 722 of the Revised Statutes of the United States to reflect the probable intent of Congress. Section 2 of the Revised Statutes, which defined the term “county”, was repealed and reenacted as section 2 of Title 1, General Provisions, by act July 30, 1947, ch. 388, 61 Stat. 633, 640.
Amendments1994–2013 · 3 rounds
2013
Subsec. (e). Pub. L. 113–4 inserted “or the commission of a sexual act (as defined in section 2246 of title 18)” before period at end.
1996
Pub. L. 104–134 amended section generally, substituting provisions relating to suits by prisoners, consisting of subsecs. (a) to (h), for former provisions relating to exhaustion of remedies, consisting of subsecs. (a) to (d).
1994
Subsec. (a). Pub. L. 103–322, § 20416(a)(1), substituted “exceed 180 days” for “exceed ninety days” in par. (1) and inserted before period at end of par. (2) “or are otherwise fair and effective”.
Subsec. (c). Pub. L. 103–322, § 20416(a)(2), inserted “or are otherwise fair and effective” before period at end of par. (1) and “or is no longer fair and effective” before period at end of par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–322, title II, § 20416(b), , 108 Stat. 1834, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [].”
Nondisclosure of Information in Actions Brought by Prisoners
Pub. L. 105–277, div. A, § 101(b) [title I, § 127], , 112 Stat. 2681–50, 2681–74, provided that:
“Notwithstanding any other provision of law, in any action brought by a prisoner under section 1979 of the Revised Statutes (42 U.S.C. 1983) against a Federal, State, or local jail, prison, or correctional facility, or any employee or former employee thereof, arising out of the incarceration of that prisoner—
“(1) the financial records of a person employed or formerly employed by the Federal, State, or local jail, prison, or correctional facility, shall not be subject to disclosure without the written consent of that person or pursuant to a court order, unless a verdict of liability has been entered against that person; and
“(2) the home address, home phone number, social security number, identity of family members, personal tax returns, and personal banking information of a person described in paragraph (1), and any other records or information of a similar nature relating to that person, shall not be subject to disclosure without the written consent of that person, or pursuant to a court order.”
[Pub. L. 105–277, div. A, § 101(b) [title I, § 127], set out above, applicable to fiscal year 2000 and thereafter, see Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 109], set out as an Applicability of Provisions Relating to Use of Counterterrorism Appropriations and Nondisclosure of Information in Actions Brought by Prisoners note under section 524 of Title 28, Judiciary and Judicial Procedure.]
Credits
1980–2013 · 5 acts
- 1980Pub. L. 96–247, § 7, , 94 Stat. 352
- 1994Pub. L. 103–322, title II, § 20416(a), , 108 Stat. 1833
- 1996Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(d)], , 110 Stat. 1321, 1321–71
- 1996renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327
- 2013Pub. L. 113–4, title XI, § 1101(a), , 127 Stat. 134.
Show as published
(Pub. L. 96–247, § 7, , 94 Stat. 352; Pub. L. 103–322, title II, § 20416(a), , 108 Stat. 1833; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(d)], , 110 Stat. 1321, 1321–71; renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327; Pub. L. 113–4, title XI, § 1101(a), , 127 Stat. 134.)