Ray v. Kertes.

• Position: GRIEVANCE PROCEDURES, PRISONER - Brief Article

U.S. Appeals Court

PLRA -- Prison Litigation Reform Act

EXHAUSTION

Ray v. Kertes, 285 F.3d 287 (3rd Cir. 2002). A former state inmate brought a [section] 1983 action against prison officials alleging that he was assaulted by corrections officers and that they retaliated against him. The district court dismissed the complaint for failure to exhaust administrative remedies. The appeals court reversed, finding that while failure to exhaust administrative remedies is an affirmative defense that may be pleaded by the defendant, the district court could not dismiss the action for failure to exhaust administrative remedies and the inmate was not required to...