(DOWNLOAD) "Pozo v. Mccaughtry" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Pozo v. Mccaughtry
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 18, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This interlocutory appeal, by permission under 28 U.S.C. sec.1292(b), presents a single question: Whether a prisoners neglect to take a timely administrative appeal within the state system means that he has failed to exhaust state remedies for purposes of 42 U.S.C. sec.1997e(a). The district court, acting through a magistrate judge following consent under 28 U.S.C. sec.636(c), answered "no." The magistrate judge reasoned that a prisoner exhausts his state remedies by taking all steps that the state requires, whether or not the prisoner complies with the states rules for form and timeliness of action. We reach the opposite conclusion: unless the prisoner completes the administrative process by following the rules the state has established for that process, exhaustion has not occurred. Any other approach would allow a prisoner to "exhaust" state remedies by spurning them, which would defeat the statutory objective of requiring the prisoner to give the prison administration an opportunity to fix the problem--or to reduce the damages and perhaps to shed light on factual disputes that may arise in litigation even if the prisons solution does not fully satisfy the prisoner. See Porter v. Nussle, 122 S. Ct. 983 (2002); Booth v. Churner, 532 U.S. 731 (2001). McCoy v. Gilbert, 270 F.3d 503, 508 (7th Cir. 2001), foreshadows this conclusion.
 "Pozo v. Mccaughtry" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free){kind=link}