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Abstract

Originating during the Reconstruction era, 42 U.S.C. 1983 emerged as a legislative tool to safeguard individuals’ constitutional rights and liberties. Initially designed to combat state-sanctioned violence, its efficacy has been eroded over time by subsequent judicial and legislative action. Unfortunately, the current state of Section 1983 falls short of this envisioned role, particularly for incarcerated individuals who find themselves navigating the complexities of the federal court system as pro se litigants.

Faced with a landscape devoid of resources, incarcerated individuals struggle to realize their constitutional rights, further perpetuating their collective status as a second-class citizenry—a status imposed by their own government. As this Article will posit, the systemic perception of incarcerated pro se litigants as a low priority within this legal framework underscores the urgent need for change. While other scholarship has advocated for legislative reform of Section 1983, this Article uniquely contends that access to resources alongside a shift in federal jurisprudence is a workable mechanism to recapture the intended purpose and capabilities of Section 1983.

Recent and rapid advancements in AI offer a cost-effective, meaningful avenue for incarcerated pro se litigants to access the federal court system and address this need for change. While other scholarship has exhaustively explored this technology’s transformative potential in legal practice, this Article is the first to emphasize the necessity of extending it to those who require it the most—incarcerated litigants.

This Article confronts the intersection of civil rights litigation and AI, recognizing the two as unlikely yet compatible partners capable of catalyzing transformative change in Section 1983 litigation. By elucidating the dire need for reform in incarcerated pro se litigation and showcasing AI as an unconventional protagonist, this Article endeavors to redefine the narrative for individuals and shape the trajectory of pro se litigant access to AI-powered legal tools such that it can realize the full intent of Section 1983.

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