In Prison? Tummy Ache? You Could Sue Someone

SACRAMENTO, Calif. - Lawrence Bittaker's cookie was broken. Richard Burton got a tummy ache after eating chili. Kevin Howard thought his thoughts were being broadcast on prison loudspeakers.

So they did what hundreds and hundreds of other California convicts do each year: sue the state.

Bittaker's cookie suit was one of more than 40 the death-row inmate has filed. State officials estimate court, attorney and processing fees reached $4,500 in two years before the case crumbled before a judge.

The estimated cost of responding to Howard's brain-wave suit: $18,500. Burton's chili suit: $2,000.

Lawsuits filed by California prison inmates cost taxpayers more than $25 million in the past year, according to an Associated Press analysis of state, federal and county budgets.

Not all such lawsuits, which are commonly filed by prisoners in all states, can be considered frivolous. But advocates of restrictions on prisoner lawsuits say the exploding caseload is taking a toll.

For example, 51 attorneys with the California attorney general's office do nothing but defend the state against prisoner claims. The office's spending on prisoner lawsuits has risen tenfold in the past decade, to $10 million.

Records show that 4,363 prisoner lawsuits were filed in U.S. district courts in California in 1994. That's up from 1,719 in 1984. There are no state records tracking the hundreds of prisoner lawsuits filed in county and municipal courts.

"It's the single largest chunk of cases coming into the system," said David Sellers, spokesman for the Administrative Office of the U.S. Courts.

A total of 53,312 inmate lawsuits were filed nationwide in federal courts in 1994, according to Sellers' office. That's about double the number a decade ago.

California Attorney General Dan Lungren is backing federal and state legislation to deter prisoners from filing frivolous lawsuits. Two such bills are moving through Congress.

Lungren said the AP's total estimate of $25 million "sounds like it is in the ballpark" and "could be probably even higher than that."

Edward Koren, a prisoner-rights attorney with the American Civil Liberties Union in Washington, D.C., cautioned that the government risks throwing out the baby with the bath water by imposing restrictions.

"Yes, it does cost money to do these types of things," he said. "Yes, many, many are frivolous, but the state has to separate out those that have some constitutional merit to them."

In the 1994-95 budget year, 907 suits made it through federal court screening to the attorney general.

Nonetheless, the broken cookie, spicy chili and brain broadcasting lawsuits made the cut, and the state had to defend itself.

While conceding that prisoners sometimes bring to light unconstitutional prison conditions, such as poor mental-health care, cruel punishment and abusive guards, opponents of prisoner lawsuits say too many frivolous cases enter the system.

Studies show that only 2 percent of prisoner lawsuits reach settlement and 1 percent go to trial.

"Sure, there are some valid claims," Lungren said, "but when 99-plus percent of those are determined by the court to be invalid, it suggests that the problems are minimal at best. . . . It's obvious we're spending tens of millions of dollars on frivolous prisoner lawsuits."

The AP analysis found these costs, which add up to a $25.28 million bill for the past year:

-- In the attorney general's office, 51 staff attorneys are paid $98 per hour to defend the state against the prisoner claims. Cost: $10.36 million.

-- The Department of Corrections has 32 prison litigation coordinators who deal exclusively with inmate lawsuits. Cost: $1.6 million.

-- U.S. marshals serve papers to lawsuit defendants, including the head of the Corrections Department and sometimes the president of the United States. Cost: $3.19 million.

-- U.S. district courts process the cases. In some courts, up to 34 percent of the caseload is prisoner lawsuits. Price tag: $4.09 million.

-- Thirty-one federal court law clerks hired at average salary of $54,500 to process prisoner lawsuits. Price tag: $1.69 million.

-- State courts process other cases. County clerks turn in invoices for prisoner lawsuits, including lawsuits against prisoners charged with crimes behind bars. Cost: $4.35 million.

Inmates have no deterrent to filing lawsuits, says Joan Cavanagh, who oversees state attorneys in Sacramento who work exclusively on prisoner litigation. "It costs them nothing. It gets them to the library. It gets them to the courthouse," Cavanagh said. "And every inmate who files a lawsuit thinks he's going to get a million dollars." ----------------------------------------------------------------- Prison suits and their costs:

-- Inmate claims he has a right to practice martial arts in prison.

Estimated total cost to process: $28,000.

-- Inmate alleges that prison officials implanted electronic device in his brain to control his thoughts and broadcast them on the prison's public-address system. Cost: $18,500.

-- Inmate claims he suffered cruel and unusual punishment because he got a stomach ache and diarrhea after eating chili. Cost: $2,000.

-- Inmate claims he is not being properly nourished because the cookie in his meal was broken. Cost: $4,500.

-- Inmate claims he suffered cruel and unusual punishment in a lockdown because he was fed two sack lunches and one hot meal, rather than the usual two hot meals and one cold. Cost: $20,500.

-- Inmate claims his rights were violated because he had to send packages by United Parcel Service instead of the U.S. Postal Service. Cost: $14,000.

-- Inmate claims his constitutional rights were violated because he did not get five free stamped envelopes from prison officials. Cost: $151,000.

-- Inmate claims his rights were violated because his mail was stamped with a notation that it was sent from prison. Cost: $3,000.

-- Inmate claims he suffered mental anguish worrying that tear gas would be used if he refused to exit his cell. Cost: $1,000.

-- Inmate claims his photocopy costs were illegally raised by 5 cents. Cost: $16,500.

Associated Press ----------------------------------------------------------------- Bills in Congress

A conference committee must work out differences in two bills passed by the House and Senate to curb prisoner lawsuits. The bills would:

-- Charge fees to prisoners who want to file lawsuits.

-- Take away good-time credits from those filing lawsuits deemed frivolous.

-- Place strict limits on fees prisoner-rights attorneys can collect while representing inmates and forbid prisoners' attorneys from collecting fees on cases that are settled, rather than taken to trial.

Associated Press