What is the exhaustion requirement for a prisoner to bring a claim against a prison officer?

MultiRegion, United States of America

The following excerpt is from McCoy v. Tate, CASE NO. 1:15-cv-01428-MJS (PC) (E.D. Cal. 2017):

The exhaustion requirement is based on the important policy concern that prison officials should have "an opportunity to resolve disputes concerning the exercise of their responsibilities before being haled into court." Jones, 549 U.S. at 204. The "exhaustion requirement does not allow a prisoner to file a complaint addressing non-exhausted claims." Rhodes v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) ("a prisoner does not comply with [the

Page 4

exhaustion] requirement by exhausting available remedies during the course of the litigation").

Other Questions


What is the exhaustion requirement for a prisoner to file a complaint against a prison officer? (MultiRegion, United States of America)
Does a prisoner need to exhaust all of his claims under the Prisoner's exhaustion concession? (MultiRegion, United States of America)
Can a plaintiff bring a motion alleging that a prison officer violated his First Amendment right to speak out against the officer? (MultiRegion, United States of America)
Can a prison officer be found guilty of deliberate indifference in a case where a prisoner was deprived of food, water and sleep deprivation by prison officials? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
Can a plaintiff bring a claim for retaliation against a prison officer for the loss of personal property due to his actions in a civil case? (MultiRegion, United States of America)
Can a prisoner bring a retaliation claim against a prison for turning a verbal encounter into a physical altercation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.