42 U.S.C. § 1997e : US Code - Section 1997E: Suits by prisoners

Search 42 U.S.C. § 1997e : US Code - Section 1997E: Suits by prisoners

    (a) 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.
    (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 1997a or 1997c of this title.
    (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 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.
      (2) 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.
    (d) Attorney's fees
      (1) 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 - 

        (A) 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
        (B)(i) the amount of the fee is proportionately related to the
      court ordered relief for the violation; or
        (ii) the fee was directly and reasonably incurred in enforcing
      the relief ordered for the violation.

      (2) 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.
      (3) 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.
      (4) 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.
    (e) 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.
    (f) Hearings
      (1) 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.
      (2) 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.
    (g) Waiver of reply
      (1) 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.
      (2) 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.
    (h) "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.