· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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