U.S. Department of Justice

Prison Litigation Reform Act: Exhaustion of Remedies [Part 1 and 2]

Publication year: 2012 | Cataloged on: Jan. 17, 2013
ANNOTATION: 'It was with the hope of reducing the filing of frivolous litigation, of allowing correctional officials an enhanced opportunity to remedy problems before facing the burdens of litigation, and lightening the load on the courts by full utilization of the various grievance and other administrative processes already available in prisons and jails, that Congress enacted the Prison Litigation Reform Act (PLRA) ' The subject of this article is the requirement, in 42 U.S.C. Sec. 1997e of the PLRA, that prisoners fully exhaust available administrative remedies prior to filing a lawsuit concerning their complaints (p. 301-302). This article is divided into two parts: Part 1'introduction, exhaustion required regardless of remedy sought, exhaustion required even in cases involving single incidents, and prisoners must comply with procedural rules for grievances; and Part 2'failure to exhaust is an 'affirmative' defense, exceptions to exhaustion requirement, recommendations, and conclusion.
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