42 U.S.C. § 1997e
Suits by prisoners
United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective
Cite this
- Citation
- 42 U.S.C. § 1997e, Suits by prisoners, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/478227
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Full text
No action shall be brought with respect to prison conditions under section 1983 of this title, 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.
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.
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—
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).
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.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Civil Rights of Institutionalized Persons ActHouse: no recorded tallySenate: no recorded tally
- Violent Crime Control and Law Enforcement Act of 1994
- Omnibus Consolidated Rescissions and Appropriations Act of 1996
- A joint resolution making corrections to Public Law 104-134.House: no recorded tallySenate: no recorded tally
- Violence Against Women Reauthorization Act of 2013