Wexford Health v. Garrett

The petition for a writ of certiorari is denied. JUSTICE THOMAS, dissenting from the denial of certiorari. Under the Prison Litigation Reform Act of 1995 (PLRA), prisoners must exhaust administrative remedies before challenging prison conditions in federal court. 110 Stat. 321–71, 42 U. S. C. §1997e(a). This case presents the question whether a prisoner who fails to comply with that exhaustion requirement may cure the defect by filing an amended or supplemental complaint after his release. Because the Circuits are divided on this important question of federal law, I would grant the petition for certiorari. While incarcerated, respondent brought this pro se action against prison medical personnel under 42 U. S. C. §1983, but he did not complete the prison’s grievance process before filing suit. After he was released, respondent filed an amended and supplemental complaint. The District Court dismissed respondent’s claims against petitioners for failure to exhaust administrative remedies as required by the PLRA.Wexford Health v. Garrett