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42 U.S.C. § 1997e — Suits by prisoners
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of administrative remedies** No action shall be brought with respect to prison conditions under [section 1983 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim), 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 11 See References in Text note below.
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Source file: Laws/federal/codes/united-states-code/title-42/section-1997e-suits-by-prisoners--946913c462.md
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Source location: Title 42, Chapter 21, § 1997e; chapter-021-civil-rights.md
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**(a) Applicability of administrative remedies** No action shall be brought with respect to prison conditions under [section 1983 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim), 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 11 See References in Text note below. of this title, such fees shall not be awarded, except to the extent that—
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim) 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 or the commission of a sexual act (as defined in [section 2246 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2246&num=0&edition=prelim)).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
The word “county” includes a parish, or any other equivalent subdivision of a State or Territory of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 1 U.S.C. § 2
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Appropriations for the Department of Justice are available to the Attorney General for payment of—
(1) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration; and
(2) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries.
**(b)** Except as provided in subsection (a) of this section, a claim of not more than $500 for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment.
**(c)**
(1) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund (hereafter in this subsection referred to as the “Fund”) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes—
(A) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including—
(i) payments for—
(I) contract services;
(II) the employment of outside contractors to operate and manage properties or provi
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 524
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) the term “prison” means a correctional, detention, or penal facility;
(2) the term “sexual act” means—
(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(4) the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
(5) the term “official detention” means—
(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following co
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2246
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of statutory and common law** The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.
**(b) Attorney’s fees** In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], the Religious Freedom Restoration Act of 1993 [[42 U.S.C. 2000bb](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000bb&num=0&edition=prelim) et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [[42 U.S.C. 2000cc](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc&num=0&edition=prelim) et seq.], title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1988
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Choice of Plan.—** Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following:
(1) Representation shall be provided for any financially eligible person who—
(A) is charged with a felony or a Class A misdemeanor;
(B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in [section 5031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5031&num=0&edition=prelim);
(C) is charged with a violation of probation;
(D) is under arrest, when such representation is required by law;
(E) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release;
(F) is subject to a mental condition hearing under chapter 313 of this title;
(G) is in custody as a material witness;
(H) is entitled to appointment of counsel under the sixth amendment to the Constitution;
(I) faces loss of liberty in a case, and Federal law requires the appointment of counsel; or
(J) is entitled to the appointment of counsel under [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4109&num=0&edition=prelim).
(2) Whenever the United States magistrate judge or the court determines that the interests of justice so require, representation may be provided for any f
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3006A
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Federal law — U.S. Code and appendices · legal_authorities
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1983
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Federal law — U.S. Code and appendices · legal_authorities
Page 5246
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1997d
1 See References in Text note below.
(b) Certification requirements by Attorney Gen-
eral
(1) The Attorney General shall certify to the
court in the motion to intervene filed under sub-
section (a)—
(A) that the Attorney General has notified
in writing, at least fifteen days previously, the
Governor or chief executive officer, attorney
general or chief legal officer of the appropriate
State or political subdivision, and the director
of the institution of—
(i) the alleged conditions which deprive
rights, privileges, or immunities secured or
protected by the Constitution or laws of the
United States and the alleged pattern or
practice of resistance to the full enjoyment
of such rights, privileges, or immunities;
(ii) the supporting facts giving rise to the
alleged conditions, including the dates and
time period during which the alleged condi-
tions and pattern or practice of resistance
occurred; and
(iii) to the extent feasible and consistent
with the interests of other plaintiffs, the
minimum measures which the Attorney
General believes may remedy the alleged
conditions and the alleged pattern or prac-
tice of resistance; and
(B) that the Attorney General believes that
such intervention by the United States is of
general public importance and will materially
further the vindication of rights, privileges, or
immunities secured or protected by the Con-
stitution or laws of the United States.
(2) The Attorney General shall personally sign
any certification made pursuant to this section.
(c) Attorney General to personally sign motion to
intervene
The Attorney General shall personally sign
any motion to intervene made pursuant to this
section.
(d) Discretionary award of attorney fees; o
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1997e
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