Trends in Prisoner Litigation, as the PLRA Enters Adulthood

The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich Contract with America, is now as old as some prisoners. In the year after the statute\u27s passage, some commenters labeled it merely symbolic. In fact, as was evident nearly immediately, the PLRA undermined prisoners\u27 ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners\u27 meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys\u27 fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made prison and jail population caps - previously common - far more difficult to obtain. And it put in place a rule inviting frequent relitigation of injunctive remedies, whether settled or litigated. The resulting impact on jail and prison litigation has been extremely substantial. In two articles about a decade ago, I presented descriptive statistics showing the PLRA-caused decline in civil rights filings and plaintiffs\u27 victories, and the likewise declining prevalence of court-ordered regulation of jails and prisons. More up-to-date information has not been published, so here I update those statistics for use by policymakers, judges, and other researchers, and discuss them briefly