Prisoners' Rights and the Prison Litigation Reform Act

The constitutional protections that survive incarceration - against cruel and unusual conditions, deliberate indifference to medical needs, and punishment without process - and the federal statute that makes a prisoner exhaust the prison's own grievance system before any of them can be enforced in court.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Civil Rights law firms.

What it means

A person in prison or jail keeps a reduced but real set of constitutional rights. The Eighth Amendment forbids conditions of confinement that deny the minimal civilized measure of life's necessities and forbids officials from being deliberately indifferent to a serious medical need - a known, serious condition left untreated is a constitutional violation, not only malpractice. It also forbids the use of force maliciously to cause harm rather than in a good-faith effort to keep order, and requires officials to take reasonable measures against a known substantial risk of violence from other prisoners. Pretrial detainees, who have not been convicted, are protected by the Fourteenth Amendment's Due Process Clause against conditions that amount to punishment. Prisoners retain the right to practice their religion, to communicate with the courts and with counsel, to be free from racial discrimination, and to some measure of process before a disciplinary sanction that affects the length or the basic conditions of their confinement.

The Prison Litigation Reform Act governs how those rights are enforced. Before filing any federal suit about prison conditions, a prisoner must exhaust the institution's administrative grievance process completely and properly - every step, every deadline, in the form the prison requires - and a suit filed before that is dismissed no matter how strong the claim, though a grievance process that is genuinely unavailable need not be exhausted. The Act also requires payment of the filing fee from the prisoner's account over time, limits the fees a successful prisoner's lawyer may recover, bars compensatory damages for mental or emotional injury without a physical injury, restricts the scope and duration of injunctions over prison conditions, and revokes filing-fee waivers for a prisoner who has had three prior suits dismissed as frivolous.

The claim is brought under the federal civil-rights statute against the individual officials and, for a policy-based violation, against the county for a jail; state prison systems and their departments cannot be sued for damages in federal court, and federal prisoners have almost no damages remedy against federal officers. Qualified immunity applies. Alongside the constitutional claim, a state-law negligence or medical-malpractice claim may lie against the same officials or a private medical contractor, subject to the state's tort claims act.

Where this comes from

When people hire a lawyer for this

The single most important thing a prisoner or a family member can do is file the grievance now, follow every step of the prison's procedure to its final appeal, and keep copies - a lawyer cannot cure a failure to exhaust, and most prison-conditions cases are lost on that ground before any court looks at the merits. For a serious medical or safety situation, the family should also write to the warden and the state's department of corrections in parallel, because the record of what officials knew is what a deliberate-indifference claim is built on. Prisoners' rights organizations and law-school clinics take these cases; private lawyers take them mainly where there is a serious injury.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

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Choose your state to see Civil Rights law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Civil & Human Rights” has no Civil Rights listing yet and opens the broader page.

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Related terms

Entries on the same subject:

• Excessive ForceThe constitutional limit on how much force police may use in a stop, an arrest or a search - judged by what a reasonable officer would have done in the moment, and the reason body-camera footage decides more of these cases than testimony does.
• False Arrest and Malicious ProsecutionThe claims available to a person detained without probable cause or prosecuted without it - the state torts, their constitutional counterparts, and the favorable-termination rule that decides when a malicious-prosecution claim can be brought at all.
• Section 1983 Civil Rights ClaimThe federal statute allowing someone to sue a state or local official personally for violating their constitutional rights.

Other entries in the same area of law, each written from the same primary sources.

• ADA Public Accommodations (Title III)The part of the Americans with Disabilities Act that applies to businesses open to the public - shops, restaurants, hotels, clinics, theaters, and in many courts their websites - requiring access, policy changes and communication aids, with the cost limits that shape what can be demanded.
• Disparate ImpactDiscrimination without a discriminatory intent - a neutral rule, test or practice that falls much harder on a protected group and cannot be justified by business necessity - and the statutes under which that theory is and is not available.
• Filing a Discrimination Charge (EEOC)The administrative step that must come before almost any federal employment-discrimination lawsuit - a charge filed with the Equal Employment Opportunity Commission or a state agency within a short statutory window, followed by a right-to-sue letter that starts the next clock.
• Housing Discrimination (Fair Housing Act)The federal law making it unlawful to refuse housing, or set different terms, because of who someone is.
• Reasonable AccommodationA change to a job, workplace or housing rule that lets a person with a disability participate equally - required unless it imposes undue hardship.
• Religious Freedom (RFRA and RLUIPA)The federal statutes that require government to justify any substantial burden on religious exercise by a compelling interest pursued in the least restrictive way - stronger than the constitutional rule, and the basis of most modern religious-liberty claims by prisoners, congregations and employers.
• Retaliation for Protected ActivityThe separate legal wrong of punishing a person for complaining about discrimination, reporting a violation, taking protected leave or helping in an investigation - a claim that often succeeds where the underlying complaint would not.

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