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Home » US Law » 2022 West Virginia Code » Chapter 25. Division of Corrections » Article 1A. West Virginia Prisoner Litigation Reform Act

§25-1A-1. Definitions

As used in this article, (a) "Civil action" means any action or appeal from an action filed by any current or former inmate or his or her personal representative with respect to conditions of confinement, including, but not limited to, petitions for extraordinary writs, civil actions under 42 U.S.C. §1983 and other federal and state […]

§25-1A-2. Exhaustion of Ordinary Administrative Remedies

(a) As used in this section, an "ordinary administrative remedy" is a formal administrative process by which an inmate submits a grievance seeking redress or presenting concerns regarding any general or particular aspect of prison life which does not involve violence, sexual assault or sexual abuse against an inmate. An ordinary administrative remedy includes, but […]

§25-1A-3. Payment of Filing Fees and Court Costs

(a) Notwithstanding any other provision of this code, an inmate may not file with any court of this state a civil action without the payment of filing fees as set forth in this section: Provided, That the collection of the full filing fee is not required before the inmate's claim may be filed and served. […]

§25-1A-4. Judicial Review of Initial Pleading; Dismissal

(a) The court shall, prior to issuance of process, review the complaint, petition or other initial pleading to determine whether a civil action is frivolous or malicious as defined in subsection (b) of this section and fails to state a claim for which relief can be granted or seeks monetary relief from a party who […]

§25-1A-5. Hearings

(a) To the extent practicable, a court shall conduct pretrial proceedings in any civil action in which an inmate's participation is required or permitted by telephone, video conference or other telecommunications technology without removing the inmate from the facility in which an inmate is confined. (b) Subject to the agreement of the official with custody […]

§25-1A-6. Loss of Good-Time Credit

Upon a finding by the court that a civil action is frivolous, malicious or intended to harass the party against whom the civil action is brought or that the inmate knowingly testified falsely or otherwise knowingly presented false evidence or information to the court, the court may order that the inmate forfeit earned good-time credit. […]

§25-1A-7. Court-Ordered Payments

Any compensatory damages awarded to an inmate in connection with a civil action, after deduction for any attorney fees, shall be paid directly to satisfy any outstanding court-ordered payments pending against the inmate, including, but not limited to, restitution or child support. The remainder of the award after full payment of all pending court orders […]

§25-1A-8. Attorney Fees

(a) In any action based upon prison conditions brought under any statute or Constitutional provision, if attorney fees are recoverable pursuant to any state statute, no attorney fees shall be awarded to a prisoner, except to the extent that: (1) The fees were directly and reasonably incurred by an attorney in proving an actual violation […]

§25-1A-9. Limitations on Civil Actions Brought by Prisoners in Forma Pauperis

(a) Absent an order of a circuit court permitting the filing, an inmate is not permitted to proceed in forma pauperis when bringing a civil action or appealing a judgment in a civil action or proceeding if he or she has, on three or more occasions, while incarcerated or detained in any correctional facility, brought […]