October Term 2015 · Docket 15-339

Must prisoners exhaust administrative remedies before suing?

Prisoners argue the Fourth Circuit wrongly created an exception to the Prison Litigation Reform Act. The government argues the lower court correctly applied the law.

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Ross v. Blake
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Verified source milestones

  1. — An official oral-argument transcript was verified.

The arguments, in order

This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.

  1. Argument 1 ·

    What happened at the argument

    Ms. Bernhardt argued the Fourth Circuit adopted a nontextual exception to the Prison Litigation Reform Act. She claimed this exception eviscerates Congress's intent to require exhaustion of administrative remedies.

    Mr. Hughes argued the proper outcome is to dismiss the case as improvidently granted. He alternatively argued the Court should affirm the lower court decision.

    Mr. Tripp asked the Court to vacate and remand the case. He requested the lower court address case-specific arguments that emerged during briefing.

    Read the official transcript for this argument · Official argument details

    Sources used for this argument breakdown

A citizen's guide to the whole case

What this case is about

The case concerns whether prisoners must finish internal prison appeals before filing federal lawsuits. The Fourth Circuit allowed a prisoner to sue without completing this process. The government says this violates federal law.

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How the case got here

The Supreme Court heard oral argument in this case on March 29, 2016.

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What each side wants

the side that brought the case wants the Supreme Court to reverse the Fourth Circuit decision. the side that brought the case argues the lower court created an illegal exception to federal law.

the opposing side wants the Supreme Court to affirm the Fourth Circuit decision. the opposing side argues the lower court correctly applied the law.

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What each side says

the side that brought the case argues the Fourth Circuit adopted a nontextual exception to the Prison Litigation Reform Act. the side that brought the case claims this exception eviscerates Congress's intent to require exhaustion of administrative remedies.

the opposing side argues the proper outcome is to dismiss the case as improvidently granted. Alternatively, the opposing side argues the Court should affirm the lower court decision.

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What the justices asked

Justice Kagan asked if any case exists where the ARP adjudicated a complaint during an IIU investigation. Justice Kagan asked if prisoners must file with the ARP even when an IIU investigation is ongoing. Justice Kagan asked why cases suggest the ARP throws out cases when an IIU investigation exists.

Justice Sotomayor asked for an ARP case where the prisoner filed and the ARP made a determination. Justice Sotomayor asked if such a case exists in the record.

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Why it matters

This case determines whether prisoners must complete internal prison appeals before suing in federal court. The outcome affects the balance between prisoner rights and prison administration. It clarifies the scope of the Prison Litigation Reform Act.

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What happens next

This article currently covers the argument record. Use the official docket link for later case activity.

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Official Court provenance

Official docket and case history · Official Supreme Court oral-argument detail page

Title and summary sources

Revision history

  1. Revision 1 · Official Transcript ·

    Correction: Rewritten to the concise citizen-facing editorial standard.

  2. Revision 2 · Official Transcript ·

    Correction: Migrated to the dated official Court activity contract without model use.

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