Glencoe's Corrections in the 21st Century
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Chapter 10 — Legal Aspects: Prisons and the Courts

[Federal Civil Rights Lawsuit]
Thaddeus Herrick, "Inmates longer get their 'free day in court'," Houston Chronicle, July 18, 1999.

The Texas Department of Criminal Justice says that it is handling about 5000 cases from the state's 140,000 inmates at any given time. While some of them have legitimate concerns, they are not all valid lawsuits. And, because most of these lawsuits involve civil rights, they end up in federal courts.

Many steps have been taken to reduce the number of frivolous lawsuits which clog the system. In 1996, a congressional act required prisoners to pay a $150 filing fee for filing a federal lawsuit. While all or part of this fee can be waived if the convict does not have the money, those who have had three cases dismissed as frivolous within a year must pay the full amount. In Texas, good-time credit towards early release can be wiped out for excessive filing of unjustified lawsuits. And, in some cases, juries are awarding judgments to the District Attorney's office which handled the case; payment for the legal fees incurred while investigating an unnecessary lawsuit.

  • Why are many frivolous lawsuits filed each year by inmates?
  • What effect might frivolous lawsuits have on justified civil rights lawsuits filed by other inmates?