(Download) "Brown v. Toombs" by Sixth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Brown v. Toombs
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 27, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
In this pro se prisoner case from Michigan brought under 42 U.S.C. § 1983, the question is whether the prisoner has sufficiently alleged in his pleadings the exhaustion of administrative remedies requirement contained in the recently enacted Prison Litigation Reform Act of 1995, 42 U.S.C. § 1997e(a). The new statute provides in clear language that "no action shall be brought with respect to prison conditions under § 1983 . . . by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." The statute thus requires the exhaustion of all "available" state "administrative remedies" by the prisoner before a federal court may entertain and decide his § 1983 action. The prisoner here has sued on a number of grounds including placing him in "top-of-bed restraints," denial of medical treatment, food, water, and toilet facilities, denial of access to the courts, and interference with legal mail. The Prison Litigation Reform Act of 1995 was in effect when the prisoner filed his complaint, although neither the prisoner, nor the state as defendant, nor the magistrate Judge or the district Judge took notice of its existence or acknowledged that the statute must now be enforced in prisoner litigation.
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