Title 5. Limitations, Prohibited Actions, and Immunities — Subtitle 10. Prisoner Litigation Act

“Administrative remedy” means any procedure for review of a prisoner’s complaint or grievance, including judicial review, if available, that is provided by the Department, the Division of Correction, or any county or other municipality or political subdivision, and results in a written determination or disposition.

“Administrative remedy” includes a proceeding under Title 10, Subtitle 2 of the State Government Article or Title 10, Subtitle 2 of the Correctional Services Article.

“Civil action” means a legal action seeking money damages, injunctive relief, declaratory relief, or any appeal filed in any court in the State that relates to or involves a prisoner’s conditions of confinement.

“Civil action” includes:

“Civil action” does not include a postconviction petition or petition for habeas corpus relief.

“Prisoner” means a person who is in the custody of the Department or a local detention center.

“Prisoner” includes pretrial detainees.

The court may:

Until any applicable filing fee is paid, service of the complaint shall be withheld, discovery may not commence, and other proceedings may not be convened.

The seriousness of the claim;

The likelihood of success;

The urgency of consideration;

The amount of funds available in any institutional account and any account outside of the institution;

The employment status of the prisoner in the institution and income from the employment;

Any financial obligations of the prisoner; and

The length of time that is likely to pass before the filing fee that is imposed is able to be paid.

The prisoner is indigent;

The issue presented is of serious concern;

Delay in the consideration of the issues presented will prejudice the consideration of the claim;

The prisoner is not likely to accumulate sufficient funds to pay the required filing fee within a reasonable period of time; and

The prisoner possesses a reasonable likelihood of success on the merits of the claim.

A prisoner may not maintain a civil action until the prisoner has fully exhausted all administrative remedies for resolving the complaint or grievance.

Except as provided in paragraph (3) of this subsection, an administrative remedy is exhausted when the prisoner has pursued to completion all appropriate proceedings for appeal of the administrative disposition, including any available proceedings for judicial review.

Judicial review following administrative consideration shall be the exclusive judicial remedy for any grievance or complaint within the scope of the administrative process, unless the prisoner’s complaint or grievance was found to be meritorious and monetary damages were not available through the administrative remedy available to the prisoner.

When a prisoner files a civil action, the prisoner shall attach to the initial complaint proof that administrative remedies have been exhausted.

The attachment shall include proof:

On receipt of a prisoner’s initial complaint that does not have attached to it proof that the prisoner has fully exhausted the administrative remedies available, the court shall dismiss the case without prejudice and grant the prisoner reasonable leave to amend the complaint and to provide the proof necessary to demonstrate that the prisoner has fully exhausted the administrative remedies.

Is frivolous, malicious, or fails to state a claim for which relief can be granted;

Seeks monetary damages from a defendant who is immune from such relief; or

Is barred under § 5-1003(a) of this subtitle.

A prisoner who has filed three or more civil actions that have been declared to be frivolous by a court of this State or a federal court for a case originating in this State may not file any further civil actions without leave of court.

If a prisoner has filed three or more civil actions that have been declared to be frivolous by a court of this State or a federal court for a case originating in this State, a court may place the prisoner’s remaining and future civil actions on an inactive case list and permit the prisoner to pursue only one civil action at a time, regardless of jurisdiction.

Any compensatory or punitive damages awarded to a prisoner in connection with a civil action shall be paid directly to satisfy any outstanding judgment of restitution or child support order pending against the prisoner.

If there are multiple judgments of restitution or child support orders pending against the prisoner, any compensatory damages shall be distributed against those judgments or orders on a pro rata basis.