ISSUES AND MISCONCEPTIONS IN PRISONER LITIGATION: A CRITICAL VIEW*

In the past quarter-century, the number of suits filed by prisoners in federal courts has substantially increased. Critics have borrowed metaphors from ballistics or pathologv to describe this increase as an “epidemic” of “legal pollution” or an “explosion.” The causes of this “hyperlexis,” or excessive litigation, are often attributed to prisoners' attempts to retry their cases once they have lost, or to some psychological attribute of plaintiffs who view litigation as a means of striking back at their keepers. This paper examines several common conceptions of prisoner litigation. National ling data from federal district courts are used to assess the merits of each. The data provide little support for many of the conceptions of and explanations for prisoner suits. It is suggested that prisoners' use of courts may be a form of social resistance to conditions for which there is no other legitimate avenue for relief: