CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Sunday, October 29, 2006

SCOTUS will hear Lorenzo v. Bock Today

Supreme_court_20_5The Supreme Court will hear the oral argument in the Lorenzo v. Bock case today. 

Questions presented: (1) Whether satisfaction of the Prison Litigation Reform Act’s exhaustion requirement is a prerequisite to a prisoner’s federal civil rights suit such that the prisoner must allege in his complaint how he exhausted his administrative remedies (or attach proof of exhaustion to the complaint), or alternatively, whether non-exhaustion is an affirmative defense that must be pleaded and proven by the defense? (2) Whether the PLRA requires a prisoner to name a particular defendant in his or her administrative grievance in order to exhaust his or her administrative remedies as to that defendant and to preserve his or her right to sue them? (3) Whether the PLRA prescribes a “total exhaustion” rule that requires a federal district court to dismiss a prisoner’s federal civil rights complaint for failure to exhaust administrative remedies whenever there is a single unexhausted claim, despite the presence of other exhausted aims? Details. . . [Mark Godsey]

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