§1997e Suits by prisoners

Summary

Prisoners must use and finish any prison grievance or complaint process that is available before they sue in federal court about jail or prison conditions. If a state does not have or follow a grievance system, that does not create a separate federal claim. Courts must throw out prisoner lawsuits that are clearly pointless, mean-spirited, fail to state a valid claim, or ask for money from someone who cannot be sued. If a claim is obviously bad or seeks money from an immune defendant, the court can dismiss it without waiting for the prisoner to finish the grievance steps. Attorney fees are limited. Fees can only be paid when they were directly and reasonably needed to prove a real violation of rights under a law that allows fees. Fees must match the court’s relief or be for enforcing that relief. When a money award is made, up to 25 percent of it can be used to pay attorney fees; if fees are no more than 150 percent of the judgment, the defendant pays the rest. Fee rates cannot exceed 150 percent of the hourly rate used for court-appointed lawyers. A prisoner may agree to pay more privately. A prisoner cannot recover money for mental or emotional harm unless they first show a physical injury or that a sexual act occurred. To avoid moving prisoners, courts should use phone or video for pretrial events and, when possible, hold hearings at the facility with lawyers joining remotely. A defendant may waive the right to answer; that does not mean the complaint is true. No relief is given unless an answer is filed, but a court can require an answer if the prisoner has a reasonable chance to win. "Prisoner" means anyone held in a jail or similar facility for alleged or convicted crimes or for violations of parole, probation, pretrial release, or diversion programs.