Document Type
Article
Publication Date
2017
Abstract
The Prison Litigation Reform Act (PLRA) enacted in 1996 as part of the Newt Gingrich “Contract with America,” is now as old as many prisoners. In the year after the statute’s passage, some commenters labeled it merely “symbolic.” In fact, as was evident nearly immediately, the PLRA undermined prisoners’ ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners’ meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys’ fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made prison and jail population caps—previously common—far more difficult to obtain. And it put in place a rule inviting frequent relitigation of injunctive remedies, whether settled or litigated.
Recommended Citation
Schlanger, Margo. "Trends in Prisoner Litigation, as the PLRA Approaches 20." Correctional Law Reporter 28, no. 5 (2017): 69-88.
Included in
Civil Rights and Discrimination Commons, Law Enforcement and Corrections Commons, Litigation Commons
Comments
Reprinted with permission of the Civic Research Institute. Copyright 2016 Civic Research Institute. Photocopying or other reproduction without written permission is expressly prohibited and is a violation of copyright.