
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1997e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                SUBCHAPTER I-A--INSTITUTIONALIZED PERSONS
 
Sec. 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--
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    \1\ See References in Text note below.
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        (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.

(Pub. L. 96-247, Sec. 7, May 23, 1980, 94 Stat. 352; Pub. L. 103-322, 
title II, Sec. 20416(a), Sept. 13, 1994, 108 Stat. 1833; Pub. L. 104-
134, title I, Sec. 101[(a)] [title VIII, Sec. 803(d)], Apr. 26, 1996, 
110 Stat. 1321, 1321-71; renumbered title I, Pub. L. 104-140, Sec. 1(a), 
May 2, 1996, 110 Stat. 1327.)

                       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.


                               Amendments

    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, Sec. 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, Sec. 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).


                    Effective Date of 1994 Amendment

    Section 20416(b) of Pub. L. 103-322 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].''


      Nondisclosure of Information in Actions Brought by Prisoners

    Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 127], Oct. 21, 
1998, 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, Sec. 101(b) [title I, Sec. 127], set out 
above, applicable to fiscal year 2000 and thereafter, see Pub. L. 106-
113, div. B, Sec. 1000(a)(1) [title I, Sec. 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.]
