Essay Example on Inmate Litigation & Prison Litigation Reform Act: Debunking Protection for Prisoners

Introduction

The report brings forth the issue of inmate litigation in regards to the Prison Litigation Reform Act (PLRA), which was enacted in 1996. Although the constitution has long guaranteed all individuals protection by law, for persons in juvenile, jail, or prison, this promise is illusory. The act debunks the lawsuits of prisoners, and as a result, prisoners or ex-convicts seeking protection against unlawful conditions in incarceration or remedy for damages or injuries sustained in custody are denied equal access to the court.

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Case Studies’ Summary and Reaction

The first case study is the case of 16 female prisoners who, in 2003, sued for alleged sexual harassment and rape by the New York State Department of Correctional Services. It is agitating that the system deems it necessary first to establish whether these claims fulfil complaint requirements as stipulated by the PLRA instead of attending to the issue at hand, ensuring the protection of women in custody. The second case entails compensation for atrocities committed against one in jail. For example, Keith Deblasio was threatened and raped while in prison on multiple occasions, which resulted in his contraction of HIV. Deblasio filed a lawsuit and it is appalling that his claims were dismissed as defective or untimely, rather. The requirements of the PLRA are biased and only seem intent on debunking the viability of prisoners' lawsuits.

The third case entails solitary confinement in regards to Alex Pearson, who had unlawfully been assigned infraction for complaining about prison conditions and for declining to act as an informant. Pearson was denied compensation on the basis that he had sustained no physical injury even though he had lost weight and was struggling mentally. It is another story among the many that keep proving that justice in America is not equal. Altogether, it appears the PLRA is a one-sided policy that does not seek to protect prisoners, but one designed to protect the system from any form of accountability for its negligence or wrong commissions.

Report Recommendations and Additional Recommendation

The report offers several recommendations for the amendment of the PLRA policy. It recommends that prisoners are allowed compensation for emotional torture or mental effects on a similar basis as non-prisoners. It further recommends the extraction of the requirement that courts dismiss litigations in which inmates have not completed the complaint procedure and in place enact a policy allowing courts to stay on these cases temporarily to allow prisoners the time to follow appropriate complaint procedures. It also recommends removing juvenile individuals from the scope of PLRA. An additional recommendation would be a provision for protection programs for whistleblowers calling out unlawful conditions in these facilities or staff that enhance these conditions.

Overall Opinion

This report plays a significant advocacy role in multiple ways. It paints a vivid picture of various prison experiences and then proceeds to shed light on the consequent inmate litigation concerns. It brings forth the inequality in inmates' experiences in regards to their right to vote, access to courts, and in general, the unlawful conditions in prisons that make prisoners susceptible to injustice. Overall, it is an insightful piece that is ultimately bound to foster meaningful policy changes.