18 U.S. Code § 3626 - Appropriate remedies with respect to prison conditions

Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any relief.

(B) The court shall not order any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or otherwise violates State or local law, unless—

Nothing in this section shall be construed to authorize the courts, in exercising their remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the courts.

In any civil action with respect to prison conditions, to the extent otherwise authorized by law, the court may enter a temporary restraining order or an order for preliminary injunctive relief. Preliminary injunctive relief, and be the least intrusive means necessary to correct that harm. The court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the preliminary relief. Preliminary injunctive (3) Prisoner release order.—

a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order; and

In any civil action in Federal court with respect to prison conditions, a prisoner release order shall be entered only by a three-judge court in accordance with section 2284 of title 28, if the requirements of subparagraph (E) have been met.

A party seeking a prisoner release order in Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (A) have been met.

If the requirements under subparagraph (A) have been met, a Federal judge before whom a civil action with respect to prison conditions is pending who believes that a (E) The three-judge court shall enter a prisoner release order only if the court finds by clear and convincing evidence that—

Any State or local official including a legislator or unit of government whose jurisdiction or function includes the appropriation of funds for the construction, operation, or maintenance of prison facilities, or the prosecution or custody of persons who may be released from, or not admitted to, a prison as a result of a prisoner release order shall have standing to oppose the imposition or continuation in effect of such relief, and shall have the right to intervene in any proceeding relating to such relief.

1 year after the date the court has entered an order denying termination of prospective relief under this paragraph; or

Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subparagraph (A).

In any civil action with respect to prison conditions, a defendant or intervener shall be entitled to the immediate termination of any (3) Limitation.—

Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation.

Nothing in this section shall prevent any party or intervener from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible.

In any civil action with respect to prison conditions, the court shall not enter or approve a consent decree unless it complies with the limitations on (2) Private settlement agreements.—

Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on (B)

Nothing in this section shall preclude any party claiming that a private settlement agreement has been breached from seeking in State court any remedy available under State law.

The limitations on remedies in this section shall not apply to relief entered by a State court based solely upon claims arising under State law.

The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. Mandamus shall lie to remedy any failure to issue a prompt ruling on such a motion.

(2) Automatic stay.— Any motion to modify or terminate prospective relief made under subsection (b) shall operate as a stay during the period—

beginning on the 30th day after such motion is filed, in the case of a motion made under paragraph (1) or (2) of subsection (b); or

beginning on the 180th day after such motion is filed, in the case of a motion made under any other law; and

The court may postpone the effective date of an automatic stay specified in subsection (e)(2)(A) for not more than 60 days for good cause. No postponement shall be permissible because of general congestion of the court’s calendar.

Any order staying, suspending, delaying, or barring the operation of the automatic stay described in paragraph (2) (other than an order to postpone the effective date of the automatic stay under paragraph (3)) shall be treated as an order refusing to dissolve or modify an injunction and shall be appealable pursuant to section 1292(a)(1) of title 28, United States Code, regardless of how the order is styled or whether the order is termed a preliminary or a final ruling.

In any civil action in a Federal court with respect to prison conditions, the court may appoint a special master who shall be disinterested and objective and who will give due regard to the public safety, to conduct hearings on the record and prepare proposed findings of fact.

The court shall appoint a special master under this subsection during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment.

If the court determines that the appointment of a special master is necessary, the court shall request that the defendant institution and the plaintiff each submit a list of not more than 5 persons to serve as a special master.

The court shall select the master from the persons remaining on the list after the operation of subparagraph (B).

Any party shall have the right to an interlocutory appeal of the judge’s selection of the special master under this subsection, on the ground of partiality.

The compensation to be allowed to a special master under this section shall be based on an hourly rate not greater than the hourly rate established under section 3006A for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the Judiciary.

In any civil action with respect to prison conditions in which a special master is appointed under this subsection, the court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief.

may be authorized by a court to conduct hearings and prepare proposed findings of fact, which shall be made on the record;

the term “civil action with respect to prison conditions” means any civil proceeding arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison;

the term “prisoner release order” includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prisoners to a prison;

the term “prison” means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law;

the term “private settlement agreement” means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled;

the term “special master” means any person appointed by a Federal court pursuant to Rule 53 of the Federal Rules of Civil Procedure or pursuant to any inherent power of the court to exercise the powers of a master, regardless of the title or description given by the court; and

the term “relief” means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements.

The date of enactment of the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] of Pub. L. 104–134, which was approved Apr. 26, 1996 .

The Federal Rules of Civil Procedure, referred to in subsec. (g)(8), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

1997—Subsec. (a)(1)(B)(i). Pub. L. 105–119, § 123(a)(1)(A), substituted “requires” for “permits”.

Subsec. (a)(3)(A). Pub. L. 105–119, § 123(a)(1)(B)(i), substituted “no court shall enter aPub. L. 105–119, § 123(a)(1)(B)(ii), inserted “including a legislator” after “local official” and substituted Pub. L. 105–119, § 123(a)(2), substituted “current and ongoing” for “current or ongoing”.

Subsec. (e)(1). Pub. L. 105–119, § 123(a)(3)(A), inserted at end “Mandamus shall lie to remedy any failure to issue a prompt ruling on such a motion.”

Subsec. (e)(2). Pub. L. 105–119, § 123(a)(3)(B), substituted “Any motion to modify or terminatePub. L. 105–119, § 123(a)(3)(C), added pars. (3) and (4).

1996—Pub. L. 104–134 amended section generally, substituting provisions relating to appropriate remedies with respect to Statutory Notes and Related Subsidiaries

“The amendments made by this Act [probably should be “section”, amending this section] shall take effect upon the date of the enactment of this Act [ Nov. 26, 1997 ] and shall apply to pending cases.”

“Section 3626 of title 18, United States Code, as amended by this section, shall apply with respect to allApr. 26, 1996 ].”

Pub. L. 103–322, title II, § 20409(b), Sept. 13, 1994 , 108 Stat. 1828, which provided that this section applied to all court orders outstanding on Sept. 13, 1994 , and Pub. L. 103–322, title II, § 20409(d), Sept. 13, 1994 , 108 Stat. 1828, which provided for the repeal of this section 5 years after Sept. 13, 1994 , were repealed by Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 802(b)(2)], Apr. 26, 1996 , 110 Stat. 1321, 1321–70; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996 , 110 Stat. 1327.

Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 810], Apr. 26, 1996 , 110 Stat. 1321, 1321–77, provided that:

“If any provision of this title [see Short Title of 1996 Amendment note set out under section 3601 of this title], an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this title, the amendments made by this title, and the application of the provisions of such to any person or circumstance shall not be affected thereby.”

“None of the funds available to the Judiciary in fiscal years 1996 and 1997 and hereafter shall be available for expenses authorized pursuant to section 802(a) of title VIII of section 101(a) of title I of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, Public Law 104–134 [amending this section], for costs related to the appointment ofApril 26, 1996 .”

Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 807], Apr. 26, 1996 , 110 Stat. 1321, 1321–75, provided that:

Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 808], Apr. 26, 1996 , 110 Stat. 1321, 1321–76, provided that: