Ch. 495

1997 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

SUBTITLE 5. PRISONER LITIGATION ACT.

5-501.

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B) (1) "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.

(2) "ADMINISTRATIVE REMEDY" INCLUDES A PROCEEDING UNDER
TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE OR ARTICLE 41, § 4-1021
OF THE CODE

(C) (1) "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.

(2) "CIVIL ACTION" INCLUDES:

(I) AN APPEAL OF AN ADMINISTRATIVE REMEDY TO ANY COURT;

(II) A PETITION FOR MANDAMUS AGAINST THE PRISONER'S
CUSTODIAN, ITS OFFICERS OR EMPLOYEES, OR ANY OFFICIAL OR EMPLOYEE OF THE
DEPARTMENT;

(III) A PETITION FOR HABEAS CORPUS RELIEF THAT DOES NOT
ATTACK THE VALIDITY OF THE PRISONER'S CRIMINAL CONVICTION;

(IV) (III) ANY TORT CLAIM AGAINST A CUSTODIAN, THE
CUSTODIAN'S OFFICERS OR EMPLOYEES, OR ANY EMPLOYEE OR OFFICIAL OF THE
DEPARTMENT;

(V) (IV) ANY ACTION ALLEGING A VIOLATION OF CIVIL RIGHTS
AGAINST A CUSTODIAN, THE CUSTODIAN'S OFFICERS AND EMPLOYEES, OR ANY
OFFICIAL OR EMPLOYEE OF THE DEPARTMENT; OR

(VI) (V) ANY APPEAL, APPLICATION FOR LEAVE TO APPEAL, OR
PETITION FOR CERTIORARI.

(3) "CIVIL ACTION" DOES NOT INCLUDE A POSTCONVICTION PETITION
OR PETITION FOR HABEAS CORPUS RELIEF THAT ATTACKS THE VALIDITY OF A
PRISONER'S CRIMINAL CONVICTION.

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