By David Reutter The Third Circuit Court of Appeals held on August 26, 2013 that a judge may resolve factual disputes relevant to the exhaustion of administrative remedies without the participation of a jury. It also held the district court had erred in finding a failure to exhaust where a prisoner did not receive a
A 2013 study found that the grievance system utilized by the federal Bureau of Prisons (BOP) appears to have become an important tool to defuse prisoner complaints, supporting the belief that the failure of BOP officials to adequately respond to grievances contributes to higher levels of violence in federal prisons.
The research study determined that another benefit of the BOP’s grievance system is deflecting or reducing potential litigation. Indeed, many federal court decisions have been decided in the BOP’s favor based upon prisoners’ failure to exhaust administrative remedies as required by the Prison Litigation Reform Act.