Can a prisoner who has been denied access to the grievance system in a federal court exercise his right to make a claim under the Prison Reform Act (PLRA) against the Department of Justice?
MultiRegion, United States of America
The following excerpt is from Riddick v. Semple, 17-1681 (2nd Cir. 2018):
("PLRA") exhaustion requirement would not preclude him from asserting 1983 claims in federal court that were barred by grievance restrictions. See 42 U.S.C. 1997e(a) (requiring prisoners to exhaust "such administrative remedies as are available" (emphasis added)); Ziemba v. Wezner, 366 F.3d 161, 163-64 (2d Cir. 2004) (per curiam) (holding that the state may be estopped from asserting exhaustion as an affirmative defense if it has deliberately obstructed access to the grievance system).
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