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· 10/6/1999

George Wyatt v. Michael Leonard Geri Mangas Mario Marroquin Lt. Pierce Burton L. Cronk B.G. Hummel C/o Walters, Sgt. Hefner

Citations

  • 193 F.3d 876
  • 1999 U.S. App. LEXIS 24808
  • 1999 WL 791669

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, though not jurisdictional, the -requirement that administrative remedies be exhausted remains mandatory
  • applying the PLRA’s exhaustion requirement to a § 1983 claim where inmate alleged that prison guards failed to protect him from sexual assault by his cellmate
  • “A purpose of the [PLRA] was to insure that prisons have notice of' complaints and are given the opportunity to respond to prisoner complaints, particularly legitimate complaints, so that injuries are prevented in the future.”
  • “The 1996 Act is designed to deter to timely file his grievance — he submitted it five months frivolous lawsuits . . . .”
  • “The non- grievability of [a claim] through the grievance process makes that remedy unavailable under the PLRA, and thus he does not have to pursue that remedy to exhaust his claim.”
  • “[t]he exhaustion requirement in the [PLRA] governs the timing of a federal action by a prisoner, not whether the 3 See supra note 2. court has the power to hear the suit”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Kennedy, Daughtrey

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.