Congress passed the Prison Litigation Reform Act (PLRA) in 1996 in an attempt to deter frivolous lawsuits by prisoners and limit court involvement in prison conditions. However, by its terms, the PLRA applies to juveniles held on delinquency matters, sharply limiting the ability of youth to raise valid claims of staff abuse. A number of groups, including the Center for Children's Law and Policy, have advocated for changes to the PLRA that would exclude juveniles from the law's reach. The resources below outline the PLRA's consequences for juveniles and the arguments in favor of amending the law.
CCLP Publications
Testimony of Mark Soler, Executive Director, and Dana Shoenberg, Senior Staff Attorney, Centerfor Children’s Law and Policy for the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security [Download] In this joint testimony before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, CCLP Executive Director Mark Soler and Senior Staff Attorney Dana Shoenberg argue for adopting amendments to the PLRA to exempt juveniles from the law's provisions.
Testimony of Juvenile Law Center, Youth Law Center, National Center for Youth Law, and Center for Children’s Law and Policy for the House Judiciary Subcommittees on Crime, Terrorism and Homeland Security and Constitution, Civil Rights and Civil Liberties [Download] In this joint testimony from November 2007, the Center for Children's Law and Policy, along with the Juvenile Law Center, Youth Law Center, and National Center for Youth Law advocate for the reform of the PLRA, articulating why the law should exempt juveniles.
Testimony of Mark Soler, Executive Director, Center for Children’s Law and Policy for the House Judiciary Subcommittees on Crime, Terrorism and Homeland Security and Constitution, Civil Rights and Civil Liberties [Download] CCLP Executive Director Mark Soler testified before a House subcommittee in November 2007, arguing that for reforms that would exempt juveniles from the PLRA because juveniles in part because of the widespread abuse in detention facilities and the special harships worked on children by the law's provisions.
CCLP Presentations
Other Resources
Preserving the Rule of Law in America’s Prisons: The Case for Amending the Prison Litigation Reform Act [download] This report, issued by the American Constitution Society in 2007, presents arguments for amending the PLRA, including exempting juveniles from the law, noting that juvenile detention facilities were not the sources of the problems the PLRA was intended to solve.
An Unfair Prison Litigation System [download] This August 25, 2009 editorial from the Boston Globe, describes the PLRA's impact on claims of abuse in juvenile detention facilities. The article, written by David Fathi, U.S. Program Director at Human Rights Watch, outlines the case for reform.
SAVE Coalition [link] The Stop Abuse and Violence Everywhere Coalition maintains a website that tracks Congressional action on PLRA reform. The site includes summaries of recent legislative activity and links to testimony.
Prison Abuse Remedies Act [link] Representatives Bobby Scott and John Conyers, Jr. introduced the Prison Abuse Remedies Act to amend the federal PLRA in a number of ways to restore the ability of prisoners to seek redress in the federal courts. The proposed law would exempt juveniles from the PLRA's provisions.
