Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6601 (2026)

Definitions.

✓ current as of May 2026

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CHAPTER 66

PRISONER LITIGATION

Sec.

6601. Definitions.

6602. Prisoner filing fees.

6603. Limitations on remedies.

6604. Prospective relief.

6605. Types of prospective relief.

6606. Termination or modification of prospective relief.

6607. Time limits on settlements.

6608. Payment of damage award or settlement.

Enactment. Chapter 66 was added June 18, 1998, P.L.640, No.84, effective in 60 days.

Applicability. Section 6 of Act 84 of 1998 provided that Chapter 66 shall apply to cases pending or prospective relief that remains in effect on or after the effective date of Act 84.

§ 6601. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Consent decree." Relief entered or approved by the court that is based in whole or in part upon the consent or acquiescence of the parties. The term does not include a private settlement agreement.

"Frivolous." Lacking an arguable basis either in law or in fact.

"Government party." The Commonwealth or a political subdivision and any person elected or appointed to any office of, or hired, employed or contracted by, the Commonwealth or a political subdivision when acting within the scope of those duties.

"Prison." A State, county or other facility which incarcerates or officially detains persons accused of, convicted of or sentenced for violations of criminal law or the terms or conditions of parole, probation, pretrial release or a diversionary program.

"Prison conditions litigation." A civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison. The term includes an appeal. The term does not include criminal proceedings or habeas corpus proceedings challenging the fact or duration of confinement in prison.

"Prisoner." A person subject to incarceration, detention or admission to prison.

"Prisoner release order." An order, including a temporary restraining order or preliminary injunction, which has the purpose or effect of reducing or limiting the prison population or which directs the release of prisoners from or nonadmission of prisoners to a prison.

"Private settlement agreement." An agreement entered into among parties to an action which is not subject to judicial enforcement other than reinstatement of the civil proceeding which the agreement settled.

"Prospective relief." All relief other than compensatory monetary damages.

"Relief." Relief in any form which may be granted or approved by a court. The term includes a consent decree. The term does not include a private settlement agreement.

"Special master." A person appointed to assist the court in prison conditions litigation or to perform functions comparable to those performed by a special master in Federal court pursuant to Fed. Rules Civ. Proc. Rule 53 (relating to masters) or 18 U.S.C. § 3126 (relating to appropriate remedies with respect to prison crowding). The term includes persons performing such functions regardless of the title given by the court.

"Violation of Pennsylvania law." A violation of the Constitution of Pennsylvania or a Pennsylvania statute. The term does not include the violation of a regulation, consent decree or court order unless such violation also independently establishes a violation of the Constitution of Pennsylvania or a Pennsylvania statute.

Notes of Decisions

Cited in 66 cases (18 in the last 5 years), 2002–2026 · leading case: G. Watkins v. PA DOC, Sec'y, John Wetzel, Superintendent Robert Gilmore, 196 A.3d 272 (Pa. Commw. Ct. 2018).

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G. Watkins v. PA DOC, Sec'y, John Wetzel, Superintendent Robert Gilmore, 196 A.3d 272 (Pa. Commw. Ct. 2018). · cites it 2× “§ 6602(e)(2). Plaintiff's complaint constitutes "prison conditions litigation" under the PLRA, as it seeks damages for the actions of government parties that affected him as a prison inmate.”

Yount v. Pennsylvania Dep't of Corr., 966 A.2d 1115 (Pa. 2009). · cites it 2× “We consider the 1998 Pennsylvania Prison Litigation Reform Act (PLRA), 42 Pa. C.S. § 6601 et seq., and the 1995 federal Prison Litigation Reform Act (federal PLRA), P.”

Brown v. Levy, 73 A.3d 514 (Pa. 2013). · cites it 2× “granted the prothonotary’s Petition for Allowance of Appeal, limited to a single issue: Does an inmate’s mandamus action that seeks (i) an order compelling a protho-notary to accept a previously rejected civil complaint for filing, and (ii) an award of money damages for alleged…”

Brown v. Beard, 11 A.3d 578 (Pa. Commw. Ct. 2010). · cites it 2× “See 42 Pa.C.S. § 6601. Furthermore, Brown’s status as an abusive litigator is well-established.”

Brown v. James, 822 A.2d 128 (Pa. Commw. Ct. 2003). · cites it 2× “Section 6601 of the Code, 42 Pa.C.S. § 6601, defines “prison conditions litigation as: A civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an…”

Payne v. Commonwealth Dep't of Corr., 871 A.2d 795 (Pa. 2005). “42 Pa.C.S. § 6601. 4 . Prior to the 1968 Constitution, the explicit grant of rulemaking authority to the judiciary came from the General Assembly.”

Pew v. Mechling, 929 A.2d 1214 (Pa. Commw. Ct. 2007). · cites it 2× “42 Pa.C.S. § 6601. Thus, a trial court cannot dismiss “prison conditions litigation” in two instances: (1) when the proceeding involves a criminal matter or habe-as corpus petition challenging the fact or duration of confinement in prison, 42 Pa.”

Brown, A., Aplt. v. Wetzel, J., 177 A.3d 200 (Pa. 2018). · cites it 6× “” Brown, 2016 WL 4709887 , at *5 (quoting 42 Pa.C.S. § 6601). Although Brown’s petition did not raise any claims related to the conditions of his confinement or concerning his quality of life, the Commonwealth Court nonetheless concluded that the instant petition constituted…”

Jae v. Good, 946 A.2d 802 (Pa. Commw. Ct. 2008). “42 Pa.C.S. § 6601. 11 . A legislative enactment enjoys the presumption of constitutionality under both the *808 rules of statutory construction and the decisions of the Pennsylvania Supreme Court.”

Payne v. Commonwealth Dep't of Corr., 813 A.2d 918 (Pa. Commw. Ct. 2002). · cites it 2× “) For the twenty-three month period from October 1998 to September 2000, after the Department implemented its new publication policy, the Department issued only 40.”

Brown v. Pa. Dept. of Corr., 913 A.2d 301 (Pa. Commw. Ct. 2006). “Section 6601 of the PLRA, 42 Pa.C.S. § 6601, defines prison conditions litigation as: [a] civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an…”

McCool v. Dep't of Corr., 984 A.2d 565 (Pa. Commw. Ct. 2009). “42 Pa.C.S. § 6601 (emphasis added). The gravamen of McCool’s medical malpractice complaint is that the defendants failed to formulate and adopt and enforce adequate rules and policies to ensure quality care for [McCool] and failed to oversee all persons who practice medicine…”

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