15 - Selected Federal Statutes Affecting Prisoners

Abstract

In addition to the Prison Litigation Reform Act, there are other federal statutes affecting the status of prisoners. This chapter emphasizes the Federal Tort Claims Act (FTCA) and the Americans with Disabilities Act (ADA). The Federal Tort Claims Act permits a federal prisoner to bring an action against the United States for injuries caused by the tortuous acts of its employees. There are several important exclusions under the FTCA as the intentional torts of government officials and the federal prisoners' claims for damage to their property. Exhaustion of remedies under the FTCA does not eliminate the exhaustion requirement for claims based on other federal statutes. The ADA is a comprehensive statute that prohibits, under certain circumstances, discrimination based on disability. Disability is defined as a physical or mental impairment that substantially limits a major life activity. The ADA allows private plaintiffs to receive only injunctive relief and attorneys' fees and does not provide monetary rewards to private plaintiffs who sue noncompliant entities. Prison litigation is extremely confusing as the law is no longer determined solely by the Constitution and judicial interpretation. Congress repeatedly has enacted piecemeal legislation that addresses some of the issues but has created in the process a patchwork of statutes and has caused difficulty in their interpretation and application. Certainly, prison litigation will tax the best of the minds for the foreseeable future.