Ferrington v. Louisiana Dept. of Corrections.

PositionExhaustion of state remedies - Brief Article

U.S. Appeals Court

PLRA -- Prison Litigation Reform Act

EXHAUSTION

Ferrington v. Louisiana Dept. of Corrections, 315 F.3d 529 (5th Cir. 2002). A state prisoner brought a [section] 1983 action against a corrections department and its employees, alleging negligent and intentional violation of his Eighth Amendment right to medical treatment. The district court dismissed the case without prejudice for failure to exhaust state remedies and the prisoner appealed. The appeals court affirmed, finding that even though the state supreme court had found the state's statutory prison grievance system to be unconstitutional in...

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