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Broken Gate? A Study of the PLRA Exhaustion Requirement Past, Present, and Future

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Abstract:

The Prison Litigation Reform Act (PLRA) was passed in 1996 and made applicable to all civil rights cases brought by institutionalized persons. The measure was intended to perform a gate-keeping function, permitting the most worthy prisoners’ claims to reach Federal Court, while screening frivolous matters. However, the Courts applying this law have set forth seemingly contrary opinions regarding its permissible parameters, leaving the state of prisoner litigation in flux. This paper examines the legislative history behind the PLRA, the current ambiguity in application of the statute, and proposes a solution to the largest area of confusion – the PLRA’s exhaustion requirement.

Most Common Document Word Stems:

court (113), prison (104), plra (92), inmat (86), exhaust (85), litig (82), feder (59), requir (56), case (53), state (53), 2004 (49), 2006 (45), p (42), right (40), act (39), judg (38), gate (36), civil (34), grievanc (34), district (32), v (31),
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Name: ASC Annual Meeting
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http://www.asc41.com


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URL: http://citation.allacademic.com/meta/p371254_index.html
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MLA Citation:

Passarelli, Mariah. "Broken Gate? A Study of the PLRA Exhaustion Requirement Past, Present, and Future" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA, Nov 03, 2009 <Not Available>. 2014-11-28 <http://citation.allacademic.com/meta/p371254_index.html>

APA Citation:

Passarelli, M. , 2009-11-03 "Broken Gate? A Study of the PLRA Exhaustion Requirement Past, Present, and Future" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA Online <PDF>. 2014-11-28 from http://citation.allacademic.com/meta/p371254_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The Prison Litigation Reform Act (PLRA) was passed in 1996 and made applicable to all civil rights cases brought by institutionalized persons. The measure was intended to perform a gate-keeping function, permitting the most worthy prisoners’ claims to reach Federal Court, while screening frivolous matters. However, the Courts applying this law have set forth seemingly contrary opinions regarding its permissible parameters, leaving the state of prisoner litigation in flux. This paper examines the legislative history behind the PLRA, the current ambiguity in application of the statute, and proposes a solution to the largest area of confusion – the PLRA’s exhaustion requirement.


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