October Term 2024 · Docket 23-1324

Does a judge's exhaustion ruling bind a later jury?

Prisoners argue exhaustion is a legal question for judges. States argue it involves facts for juries.

Official caption
Perttu v. Richards
Latest argument session
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Decided
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Verified source milestones

  1. — An official oral-argument transcript was verified.
  2. — An official oral-argument transcript was verified.
  3. — An official Court opinion 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. Sherman argued exhaustion is central to the PLRA.

    Ms. McGill noted the State changed its position after five years.

    Ms. McGill cited early Ninth Circuit decisions on this issue.

    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

This case tests whether a judge's exhaustion ruling binds a later jury.

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How the case got here

The Supreme Court heard oral argument in this case on February 25, 2025.

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What each side wants

the sides that brought the case want a judge to decide exhaustion as a legal question.

the opposing sides want a jury to decide exhaustion as a factual question.

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What each side says

the sides that brought the case argue exhaustion is a legal issue under the PLRA.

the opposing sides argue exhaustion involves factual findings about retaliation.

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What the justices asked

Justice Thomas asked if judges normally make exhaustion determinations.

Justice Jackson asked why a judge's finding does not preclude a jury trial.

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Why it matters

This dispute shapes how courts handle prisoner grievances. It affects the role of judges versus juries. It determines the finality of exhaustion rulings.

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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

Verified official opinions and orders

Title and summary sources

Revision history

  1. Revision 1 · Post Opinion ·

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

  2. Revision 2 · Post Opinion ·

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

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