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Prisoners have full rights for medical treatment

Raj Kumar Makkad ,
  03 May 2010       Share Bookmark

Court :
Supreme Court of USA
Brief :
Constitutional - Exhaustion of Remedies - 42 U.S.C. ยง 1997e(a), Department of Corrections' Procedural Rules - Suit against prison officials claiming denial of adequate medical care inspite of regular request and several prison grievance complaints - Violation of his Eighth (and Fourteenth) Amendment rights - District Court summarily dismissed - did not properly exhaust his administrative remedies by naming all of the defendants in his initial grievance, as required under the Prison Litigation Reform Act of 1995 (PLRA) ( referred to Burton v. Jones, now over-ruled by SC) - Case remanded - On remand, defendant filed a motion to dismiss - Did plaintiff properly exhausted his administrative remedies despite failing to name a single individual in his initial grievance?
Citation :
Mark Anthony Reed-Bey, v. George Pramstaller (Decided on 28.04.2010) U.S. 6th Circuit Court of Appeals

Held, an inmate exhausts a claim by taking advantage of each step the prison holds out for resolving the claim internally and by following the "critical procedural rules" of the prison's grievance process to permit prison officials to review and, if necessary, correct the grievance "on the merits" in the first instance. Under the Department of Corrections' procedural rules, inmates must include the "[d]ates, times, places and names of all those involved in the issue being grieved" in their initial grievance.. These rules suggest a straightforward answer to the question presented-"No"-because plaintiff did not identify the "names of all those involved in the issue being grieved.

The instant case was remanded as the plaintiff exhausted his claim because the Michigan Department of Corrections opted to dismiss the grievance on the merits rather than invoke its procedural bar.

 
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Published in Constitutional Law
Views : 1544




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