Prison Litigation Reform Act

The Prison Litigation Reform Act is legislation that makes it much more difficult than in the past for prisoners to bring lawsuits against the government. According to one commentator, "The debate and legislative processes leading to the passage of the PLRA were hasty, one-sided, and did not give much thought to the possible ramifications on prisoners' constitutional rights." The rise in prisoner lawsuits was blamed on prisoners filing frivolous lawsuits, rather than on the swelling prison populations and deteriorating prison conditions.

The PLRA has been interpreted to require exhaustion of administrative remedies even when the damages sought are not available through the institution's grievance procedure. The PLRA, while intended to conserve judicial resources, could actually waste them by requiring an inquiry into the exhaustion requirements rather than disposition on the merits. That can lead to cases being dismissed and then re-filed. The exhaustion requirement can also delay time-sensitive claims of constitutional violations, such as where the relief requested is an injunction against prison officials.