4 ms·

> Convicts have absolutely no disincentive to file these suits What if there were a disincentive, such as an increase in sentence if they lose?

• bradleyjg 10y ago
  That would be grossly unconstitutional. Congress tried to mitigate this problem (which I agree is one) with the administrative exhaustion rule in the Prison Litigation Reform Act of 1995, but SCOTUS significantly defanged it in Jones v. Bock. SCOTUS can sometimes be insensitive to the problems faced by lower courts -- it hears a tiny handful of cases a year on a fully discretionary docket that are almost always briefed and argued by top notch specialist attorneys. Vexatious litigants aren't a problem for them, so it easy for them to wax poetic about equal access to justice. That said, as part of a compromise in eliminating absolute proscutorial immunity Congress could write some kind of screening procedure to allow for early dismissal of bad cases and/or some kind of administrative gatekeeper.