| NCJ Number: |
184011  |
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| Title: |
In Search of Meritorious Claims: A Study of the Processing of Prisoner Civil Rights Cases in a Federal District Court |
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| Journal: |
Justice System Journal Volume:21 Issue:1 Dated:1999 Pages:23-56 |
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| Author(s): |
Henry F. Fradella |
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| Date Published: |
1999 |
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| Page Count: |
34 |
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| Publisher: |
http://www.ncsc.org/publications/editorial-management/justice-system-journal.aspx |
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| Type: |
Report (Study/Research) |
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| Format: |
Article |
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| Language: |
English |
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| Country: |
United States of America |
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| Annotation: |
In recent years, the media have dramatized the frivolous nature
of prisoner civil rights litigation; to examine the validity of
such assertions, this study analyzed the claims in a random
sample of 200 lawsuits filed in a Federal court by inmates under
42 U.S.C. Section 1983.
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| Abstract: |
Thirty percent of the claims were dismissed as "frivolous." Of
the 70 percent of the claims found to be nonfrivolous as a matter
of law, 66.6 percent were dismissed by the court for some reason
other than a disposition on the merits; 3.9 percent resulted in a
disposition favorable to the prisoner-plaintiff; and the
remaining 29.4 percent resulted in a judgment in favor of the
defendants, yielding an overall inmate win rate of only 2.8
percent. This paper describes how these claims were processed
through the system and the various types of dispositions. The
sociolegal and public policy implications of the findings are
discussed. This research suggests that inmates are not aware of
the proper ways to use Section 1983 (the meeting of standards for
conditions of confinement), given the number of claims dismissed
as frivolous. One way to decrease the number of frivolous
prisoner lawsuits is to better educate inmates on the proper uses
of Section 1983. Unfortunately, the media and stakeholders whose
self-interest is to reduce the number of inmate lawsuits have
managed public perceptions to make it appear that most, if not
all, inmate lawsuits brought under Section 1983 are frivolous,
thus equating the inmate pursuit of civil rights with an
inherently frivolous endeavor. Such an attitudinal climate
increases the risk that inmates will have a difficult time
redressing legitimate grievances associated with the conditions
of their incarceration. Although there are currently many
"frivolous" inmate lawsuits, most are not characterized by the
absurd complaints singled out in the popular press. 12 tables, 17
notes, 41 references, and a table of 27 cases
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| Main Term(s): |
Court procedures |
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| Index Term(s): |
Case processing; Civil rights; Federal courts; Inmate lawsuits; Prison conditions; Prisoner's rights |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=184011 |
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