Current as of: 2010
(a) (1) A prisoner may not maintain a civil action until the prisoner has fully exhausted all administrative remedies for resolving the complaint or grievance.(2) Except as provided in paragraph (3) of this subsection, an administrative remedy is exhausted when the prisoner has pursued to completion all appropriate proceedings for appeal of the administrative disposition, including any available proceedings for judicial review. (3) Judicial review following administrative consideration shall be the exclusive judicial remedy for any grievance or complaint within the scope of the administrative process, unless the prisoner’s complaint or grievance was found to be meritorious and monetary damages were not available through the administrative remedy available to the prisoner. (b) (1) When a prisoner files a civil action, the prisoner shall attach to the initial complaint proof that administrative remedies have been exhausted. (2) The attachment shall include proof: (i) That the prisoner has filed a complaint or grievance with the appropriate agency; (ii) Of the administrative disposition of the complaint or grievance; and (iii) That the prisoner has appealed the administrative disposition to the appropriate authority, including proof of judicial review, if available. (3) On receipt of a prisoner’s initial complaint that does not have attached to it proof that the prisoner has fully exhausted the administrative remedies available, the court shall dismiss the case without prejudice and grant the prisoner reasonable leave to amend the complaint and to provide the proof necessary to demonstrate that the prisoner has fully exhausted the administrative remedies. (c) A court shall dismiss a civil action if the prisoner filing the action has not completely exhausted the administrative remedies. Prev | Next________________________________________________________________________
Questions & Answers: CourtsSee also: U.S. Code Provisions: CourtsFederal Regulations: Courts
 |
Email
Print