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PLRA Attorney Fee Cap Analyzed
The Temple Law Review recently published an article useful to any litigants challenging the Prison Litigation Reform Act's (PLRA) cap on attorney fees under 42 U.S.C. § 1997e(d). The Price of Civil Rights: The PLRA's Attorney's Fee Cap Provision as a Violation of Equal Protection of the Laws , by Karen Klotz, contains an exhaustive history of the statute, including background on the rationale for civil rights fee shifting statutes in the first place.
The article examines the court rulings that have addressed the constitutionality of the fee cap. The author gives a detailed analysis of the different levels of constitutional scrutiny available to challenge statutes. Even under the standard most favorable to the government, the author convincingly concludes that the fee cap is not rationally related to any legitimate governmental interest.
Any attorney challenging the constitutionality of 42 U.S.C. § 1997e(d) will find the article useful, both for research purposes as well as to persuade any reviewing courts. See: 73 Temple Law Review 759 (2000). To order the article contact: Temple Law Review, (215) 204-7868.
The article examines the court rulings that have addressed the constitutionality of the fee cap. The author gives a detailed analysis of the different levels of constitutional scrutiny available to challenge statutes. Even under the standard most favorable to the government, the author convincingly concludes that the fee cap is not rationally related to any legitimate governmental interest.
Any attorney challenging the constitutionality of 42 U.S.C. § 1997e(d) will find the article useful, both for research purposes as well as to persuade any reviewing courts. See: 73 Temple Law Review 759 (2000). To order the article contact: Temple Law Review, (215) 204-7868.
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