Legislative Findings and Determinations

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Prison Litigation Reform
  5. Legislative Findings and Determinations

Checkout our iOS App for a better way to browser and research.

The General Assembly makes the following findings and determinations:

  1. The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by prisoners who view litigation as a recreational exercise. To address the problems caused by the filing of nonmeritorious lawsuits and to relieve some of the burden placed on Georgia cities, counties, state agencies, the courts, and the Department of Corrections, this chapter is enacted.
  2. Before filing any sort of civil action, all citizens must evaluate the strengths of their claim in light of their own personal financial situation. Private individuals are forced to balance the strength of their case against the reality of court costs, filing fees, and the potential consequences of filing a frivolous or meritless lawsuit. Georgia's prisoners currently face no such dilemma. In light of the fact that all prisoners' needs are provided at city, county, or state expense, a prisoner cannot claim that his or her financial status or security would be compromised by a requirement to pay court costs and fees. To address this inequity, the General Assembly enacts this chapter.
  3. In forma pauperis status will continue to allow the filing of an action by a prisoner, thus providing the prisoner with the constitutional right to access to courts. Freezing of the prisoner's inmate account will hold the prisoner responsible for court costs and fees by seizing any future deposits into the account.

(Code 1981, §42-12-2, enacted by Ga. L. 1996, p. 400, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "is frivolous" was substituted for "are frivolous" in the second sentence of paragraph (1) and "county, or state" was substituted for "county or state" in the fourth sentence of paragraph (2).

JUDICIAL DECISIONS

Previously dismissed federal lawsuits not counted under three strikes provision.

- Trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405 (2016).

Cited in Ray v. Barber, 273 Ga. 856, 548 S.E.2d 283 (2001).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.


Download our app to see the most-to-date content.