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Prison Litigation Reform Act in the Supreme Court's 2006 term / Paul S. Wallace.
Criminal Justice and Criminology - HeinOnline Criminal Justice in America: U.S. Attorney General Opinions, Reports, and Publications Available online
View online- Format:
- Book
- Government document
- Author/Creator:
- Wallace, Paul S., author.
- Series:
- CRS report for Congress.
- CRS report for Congress
- Language:
- English
- Subjects (All):
- Prisoners--Legal status, laws, etc--United States.
- Prisoners.
- Legal assistance to prisoners.
- United States. Supreme Court.
- United States.
- Physical Description:
- 1 online resource (6 pages).
- Place of Publication:
- Washington, District of Columbia : Congressional Research Service, 2006.
- Summary:
- When prisoners sue in federal court to challenge the conditions of their confinement, the Prison Litigation Reform Act (PLRA) requires that they first exhaust their available administrative remedies by pursuing to completion the prison's internal complaint process before moving forward with their civil rights lawsuits. The Court will decide in three consolidated cases, Jones v. Bock (05-7058), Walton v. Bouchard, and Williams v. Overton (05-7142), whether the PLRA's exhaustion requirement insists that prisoners complete the administrative review process in accordance with applicable procedural rules. More specifically, (1) whether the PLRA prescribes a "total exhaustion" rule that requires a federal court to dismiss a prisoner's federal civil rights complaint for failure to exhaust his or her administrative remedies whenever there is a single unexhausted claim, despite the presence of other exhausted claims, (2) whether the PLRA requires a prisoner to name a particular defendant in his or her administrative grievance in order to exhaust his or her administrative remedies as to that defendant and to preserve his or her right to sue them, and (3) whether satisfaction of the PLRA's exhaustion requirement is a prerequisite to a prisoner's federal civil rights suit such that the prisoner must allege and document in his complaint how he exhausted his administrative remedies, or instead, whether non-exhaustion is an affirmative defense that must be pled and proved by the defense. These cases are important because the Supreme Court's decision will determine the procedures for handling the tens of thousands of inmate civil rights cases filed every year. Oral arguments for these cases were heard on October 30, 2006.
- Notes:
- Description based on publisher supplied metadata and other sources.
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