Brown v. Croak.

• Position: GRIEVANCE PROCEDURES, PRISONER - Pro se action against prison officials - Brief Article

U.S. Appeals Court

EXHAUSTION

Brown v. Croak, 312 F.3d 109 (3rd Cir. 2002). A state prisoner who was assaulted by other inmates brought a pro se action against prison officials alleging failure to protect and retaliation. The district court dismissed the action and the prisoner appealed. The appeals court vacated and remanded, finding that the inmate had not failed to exhaust his administrative remedies under the Prison Litigation Reform Act (PLRA). The court held that although the prisoner did not attempt to file an administrative grievance for initial review, he alleged that he had asked to file a complaint and was told by prison officials that he had to wait until their investigation was...