Deck 16: Selected Federal Statutes Affecting Prisoners

Question 1

When was the Prison Litigation Reform Act (PLRA) passed?

A) 1995
B) 1996
C) 1997
D) 1994

Answer 1

1995

Question 2

When courts review decisions under the PLRA, there are two standards of review: The ______, which applies to issues of dismissals for failure to state a claim, and the _______, which applies to review on the grounds of frivolousness.

A) Abuse of discretion; review de novo
B) Abuse of discretion; shocked the conscience
C) Review de novo; abuse of discretion
D) Review de novo; shocked the conscience

Answer 2

Review de novo; abuse of discretion

Question 3

Congress enacted the PLRA to address which of the following?

A) Prison conditions
B) Quantity and quality of prisoner suits
C) Reduce economic costs
D) Improve security

Answer 3

Quantity and quality of prisoner suits

Question 4

Under which of the following circumstances can a federal court dismiss prisoner's claims?

A) Claim is frivolous or malicious
B) Fail to state a claim upon which relief can be granted
C) Seek damages from a defendant with immunity from damages liability
D) All of the above

Question 5

Which of the following is one of the most important provisions of the PRLA?

A) The loss of good-time credits
B) The exhaustion requirement
C) Fee restrictions and awards
D) None of the above

Question 6

Which 1994 statute was amended in three significant ways by the PRLA?

A) Appropriate Remedies with respect to Prison Conditions
B) Selected Federal Remedies affecting Prisoners
C) Remedies for Prisoners and Prison Conditions
D) Appropriate Remedies for Prison Litigation

Question 7

In __________, the Supreme Court held that the PLRA requires a prisoner to exhaust any and all available administrative remedies, including the administrative review process, before challenging prison conditions in federal court.

A) Booth v. Churner
B) Woodford v. Ngo
C) Ali v. Federal of Bureau of Prisons
D) Pennsylvania Department of Corrections v. Yeskey

Question 8

Which of the following is not one of the exclusions under the Federal Torts Claims Act?

A) The intentional torts of government officials
B) Federal prisoners' claims for damage to their property
C) Prisoners claims against the U.S. under the Act
D) A parolee killing someone when the Bureau of Prisons did not supply records of the prisoner

Question 9

Which American Disabilities Act (ADA) Title addresses correctional facilities?

A) Title I
B) Title II
C) Title III
D) An amendment that was attached to the Act

Question 10

In __________, the Supreme Court held that state prisons fall squarely into the statutory definition of "public entity," therefore, any discrimination against individuals with disabilities in a correctional facility is a violation.

A) Booth v. Churner
B) Woodford v. Ngo
C) Ali v. Federal of Bureau of Prisons
D) Pennsylvania Department of Corrections v. Yeskey

Question 11

What is the explanation for the non-applicability of PLRA's cap on awards of attorney fees in regard to ADA claims?

A) To encourage ADA litigation
B) To help disabled detainees save money
C) To meet the requirements of the Fourteenth Amendment
D) To help attorneys save time

Question 12

The Prison Rape Elimination Act was passed in which year?

A) 2001
B) 2002
C) 2003
D) 2004

Question 13

Which of the following is a standard set forth by PREA?

A) Increase accountability of prison officials
B) Standardize definitions on the incidence of prison rape
C) Make prevention of prison rape a top priority
D) All of the above

Question 14

PLRA applies only to those who are incarcerated.

Question 15

Before the PLRA, indigent prisoners could file a lawsuit without paying the filing fee and other costs.

Question 16

Under the PLRA, prisoners can seek monetary damages for solely mental and emotional injuries sustained while in custody.

Question 17

The "three strikes" rule does not apply to habeas corpus petitions.

Question 18

In exhaustion cases, the burden of proof to show the failure to exhaust is on the prison officials.

Question 19

If a complaint contains multiple claims, the court must proceed with the good claims and leave the bad claims.

Question 20

The PLRA's cap on awards of attorney fees does not apply to the successful litigation of Americans with Disability Act claims.

Question 21

Exhaustion of remedies under the FTCA does eliminate the exhaustion requirement for claims based on other federal statutes.

Question 22

Program access is expected to be similarly provided and available to disabled detainees more so than making existing facilities accessible to disabled detainees.

Question 23

States that fail to meet PREA standards risk losing 5% of their federal grant money.

Question 24

Only at the federal level do correctional facilities have to adhere to ADA standards.

Question 25

There are disagreements among the circuit courts as to the application and interpretation of the PLRA.

Question 26

Explain the remedies available to state and federal prisoners, as well as the similarities and differences for each.

Question 27

Summarize the purpose and significance of the Prison Rape Elimination Act (PREA).

Question 28

Discuss how the ADA-and its 2010 revised regulations-affect lawsuits brought by prison inmates.