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June 6, 2016

SCOTUS talks through PLRA's exhaustion requirement

The only criminal justice opinion handed down by the Supreme Court this morning concerned the application of the Prison Litigation Reform Act in Ross v. Blake, No. No. 15–339 (S. Ct. June 6, 2016) (available here). Justice Kagan wrote the opinion for the unanimous Court in Ross, which gets started this way:

The Prison Litigation Reform Act of 1995 (PLRA) mandates that an inmate exhaust “such administrative remedies as are available” before bringing suit to challenge prison conditions.  42 U. S. C. §1997e(a).  The court below adopted an unwritten “special circumstances” exception to that provision, permitting some prisoners to pursue litigation even when they have failed to exhaust available administrative remedies.  Today, we reject that freewheeling approach to exhaustion as inconsistent with the PLRA. But we also underscore that statute’s built-in exception to the exhaustion requirement: A prisoner need not exhaust remedies if they are not “available.”  The briefs and other submissions filed in this case suggest the possibility that the aggrieved inmate lacked an available administrative remedy. That issue remains open for consideration on remand, in light of the principles stated below.

Because this is obviously a "modest" opinion (as was the other civil ruling SCOTUS released today), I suspect the SCOTUS press will be buzzing mostly about Texas capital case grants noted in this prior post.

June 6, 2016 at 10:13 AM | Permalink

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