NCJ Number
54049
Journal
Catholic University Law Review Volume: 27 Issue: 1 Dated: (FALL 1977) Pages: 115-131
Date Published
1977
Length
17 pages
Annotation
THE EMERGING STATE OF THE LAW REGARDING THE HANDLING OF INMATE SUITS FILED UNDER SECTION 1983 OF THE U.S. CODE IS REVIEWED AND METHODS TO LIMIT SUCH ACTIONS WITHOUT IMPINGING UPON A PRISONER'S RIGHTS ARE SUGGESTED.
Abstract
BEFORE 1961 THE MOST VIABLE FORM OF FEDERAL POSTCONVICTION RELIEF AVAILABLE TO STATE PRISONERS WAS A HABEAS CORPUS ACTION UNDER 28 UNITED STATES CODE (U.S.C.), SECTION 2254. HOWEVER, IN MONROE V. PAPE THE U.S. SUPREME COURT GAVE A LIBERAL INTERPRETATION TO 42 U.S.C. 1983, A CIVIL RIGHTS STATUTE. BECAUSE IT IS FAR EASIER TO FILE UNDER SECTION 1983, THE NUMBER OF CASES INCREASED 1,100 PERCENT BETWEEN 1960 AND 1970. MANY OF THESE HAVE BEEN FOUND FRIVOLOUS OR MALICIOUS. TRADITIONAL METHODS OF LIMITING SECTION 1983 APPEALS INCLUDE THE TRIAL JUDGE'S AUTHORITY TO DISMISS A CASE DEEMED FRIVOLOUS AND THE USE OF INJUNCTIONS. REASONS WHY THESE TRADITIONAL REMEDIES ARE NOT OFTEN USED ARE REVIEWED. METHODS FEDERAL COURTS HAVE DEVELOPED TO HANDLE THE FLOOD OF SECTION 1983 SUITS INCLUDE MANDATING THAT ALL STATE REMEDIES BE EXHAUSTED FIRST, STREAMLINING THE HANDLING OF SUCH SUITS, AND INSISTING ON PARTIAL PAYMENT OF LEGAL COSTS. SUCH A PAYMENT PLAN DEVELOPED BY THE SOUTHERN DISTRICT OF TEXAS FOR USE IN PAUPER SUITS, AND THE REQUIRED PROCEDURES ARE DISCUSSED IN DETAIL. IT IS SUGGESTED THAT IF JUDICIAL CONTROLS ARE NOT EFFECTIVE IN STEMMING THE FLOOD OF PRISONER SUITS UNDER SECTION 1983, CONGRESS MAY HAVE TO REWRITE THAT PORTION OF THE U.S. CODE. THE 92 FOOTNOTES CONTAIN CASE CITATIONS, REFERENCES TO OTHER DOCUMENTS, STATISTICS, AND ADDITIONAL DISCUSSION. (GLR)