§ 14-15-4 — Exhaustion of Administrative Remedies; Dismissal of Action; Waiver of Right to Reply; Pretrial Proceedings; Limitations

Alabama § 14-15-4

• Jurisdiction: Alabama
• Title 14: Criminal Correctional and Detention Facilities
• Ch. 15: Alabama Prisoner Litigation Reform Act

Text

(a) The department and any private company or contractor providing any services within any correctional facility shall adopt administrative remedies for prisoners. The administrative remedies shall be prominently posted and published to all prisoners.
(b) A prisoner incarcerated by the department may not assert a pro se civil claim under state law until the prisoner exhausts all administrative remedies available. If a prisoner files a pro se civil action in contravention of this section, the court shall dismiss the action without prejudice.
(c) The court shall take judicial notice of administrative remedies adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama.
(d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner pro se civil action if the court is satisfied that the action is any of the following:
a. Frivolous.
b. Malicious.
c. Fails to state a cause of action.
d. Seeks monetary relief from a defendant who is immune from such relief.
e. Fails to state a claim upon which relief can be granted.
(2) If the court makes a determination to dismiss an action based on the content of the petition, the court may dismiss the underlying claim without first exhausting administrative remedies available to the prisoner.
(3) The court, on its own motion, may raise an exception of improper venue and transfer the action to a court of proper venue or dismiss the action.
(e)(1) Any defendant may waive the right to reply to any pro se civil action brought by a person confined by the department or to any prisoner’s pro se civil action. Notwithstanding any other law or rule of procedure, a waiver shall not constitute an admission of the allegations contained in the petition or waive any affirmative defenses available to the defendant.
(2) No relief shall be granted to a plaintiff’s pro se civil action unless an answer has been filed. The court may require any defendant to answer a petition brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.
(f)(1) In any pro se civil action brought with respect to prison conditions by a prisoner confined by the department, to the extent practicable, pretrial proceedings in which the prisoner’s participation is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility in which he or she is currently confined.
(2) After providing the parties an opportunity to file supporting and opposing memoranda, a court may rule on exceptions and motions without holding a hearing.
(3) Hearings may be conducted at the facility in which the prisoner is currently confined subject to agreement by the state.
(4) The court shall allow counsel to participate by telephone, video conference, or other telecommunications technology in any hearing held at the facility to the extent practicable.
(g) No pro se civil action by a prisoner may assert a claim under state law for mental or emotional injury suffered while in custody without a prior showing of physical injury.
(h)(1) The pro se civil actions of more than one prisoner may not be consolidated, and a prisoner’s action that is filed or prosecuted pro se may not assert a class action.
(2) If a pro se civil action names more than one plaintiff or asserts a pro se class action, the actions of any plaintiff, other than the first named plaintiff, shall be dismissed without prejudice.
(i) No prisoner may file a petition for writ of certiorari more than one year after the incident or omission complained of or one year after any administrative remedy has been exhausted, whichever comes later.

Legislative History

(Act 2013-115, p. 231, §4.)