Psychological injury and the Prison Litigation Reform Act: A "not exactly," equal protection analysis

Authors
Citation
Je. Robertson, Psychological injury and the Prison Litigation Reform Act: A "not exactly," equal protection analysis, HARV J LEG, 37(1), 2000, pp. 105-158
Citations number
277
Categorie Soggetti
Law
Journal title
HARVARD JOURNAL ON LEGISLATION
ISSN journal
0017808X → ACNP
Volume
37
Issue
1
Year of publication
2000
Pages
105 - 158
Database
ISI
SICI code
0017-808X(200024)37:1<105:PIATPL>2.0.ZU;2-T
Abstract
In 1996, Congress passed the Prison Litigation Reform Act, which curtails p risoners' rights both to proceed in forma pauperis in federal courts and to claim damages Sor psychological injury without accompanying physical injur y. In this Article, Professor Robertson argues that prisoners as a class sh ould be considered a "discrete and insular" minority, and hence that laws t hat deprive them of privileges because of their status as prisoners should be subject to heightened judicial scrutiny. He maintains that the Act, inso far as it limits prisoners' access to legal remedies, does not survive such scrutiny.