Litigants who file prison condition actions after release from confinement are no longer prisoners for purposes of the exhaustion requirements of 42 U.S.C. § 1997e(a).
A former inmate who had been paroled filed a civil rights action alleging constitutional violations during his incarceration. The district court dismissed the complaint for failure to exhaust administrative remedies under the Prison Litigation Reform Act. The central question is whether the exhaustion requirement applies to individuals who are no longer confined at the time they file suit. The court interprets the statutory definition of a prisoner to require current incarceration or detention. Because the legislative justifications for the exhaustion mandate do not apply to released individuals, the court holds that former prisoners are not subject to the requirement. The court vacates the dismissal and remands the case for further proceedings.
At page 167 Determining if parolees are "prisoners" under PLRA64 citing casesanalyzing Section 1997e’s legislative history and disagreeing with appellees-defendants that strict, literal adherence to the language of Section 1997e would give preferential treatment to former prisoners over current prisoners in contravention of Congress’ intent, and holding that “litigants ...…
- Doe, No. 3:16-cv-01934 (D. Conn. Apr. 22, 2026).([L]itigants. . . who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of [the] provision.)
- Daniels v. Mandalaywala, No. 9:23-cv-00983 (N.D.N.Y. July 29, 2024).([L]itigants . . . who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision.)
- Peter Lunsford v. Christopher Shy, 842 S.E.2d 728 (W. Va. 2020).published(Appellees acknowledge that Greig was a parolee at the time he filed his complaint . . . .)
- Langlois v. Hodgson, No. 1:16-cv-12109 (D. Mass. Nov. 27, 2018).([L]itigants . . . who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision.)
- Harris v. Garner, 216 F.3d 970 (11th Cir. 2000).published (Appellees acknowledge that Greig was a parolee at the time he filed his complaint ....)
- Harris v. Garner, 190 F.3d 1279 (11th Cir. 1999).published (Appellees acknowledge that Greig was a parolee at the time he filed his complaint . . . .)
- Dawn Lewis Williams v. Commonwealth of Virginia, 912 S.E.2d 462 (Va. Ct. App. 2025).publishedEven though Williams was not required to exhaust her administrative remedies under the grievance procedures of VDOC, she still needed to file a notice of claim that complies with Code § 8.01-195.6. (per curiam) (same); Nerness v. Johnson,…
- Jones v. Rodi, No. 3:19-cv-01866 (D. Conn. Mar. 10, 2023).“who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision”
- Saunders v. Kummer, No. 2:22-cv-00173 (S.D. W. Va. Feb. 15, 2023).“[L]itigants . . . who file prison conditions actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision”
- Richardson v. City of New York, No. 1:21-cv-05080, 2023 WL 1777323 (S.D.N.Y. Feb. 6, 2023).“who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision”
Show 49 more citing cases
- Makell v. Sheriff Ms Vera Fludd, No. 2:19-cv-06993 (E.D.N.Y. Apr. 22, 2022).Although the Second Circuit has held that a former prisoner need not exhaust if he commences the action after his release, see Gibson v. City Municipality of New York, 692 F.3d 198, 201 (2d Cir. 2012); Harris v. City of N.Y., 607 F.3d 18 ,…
- Carolina v. Feder, No. 3:20-cv-00658 (D. Conn. Feb. 24, 2021).“who file prison condition actions after release from confinement”
- Lester v. Louisville/Jefferson Cnty. Metro Gov't, No. 3:19-cv-00858 (W.D. Ky. Sept. 29, 2020).Nonetheless, the Court considers it. 3 See Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Michau v. Charleston County, 434 F.3d 725, 727 (4th Cir.2006); Janes v. Hernandez, 215 F.3d 54…
- Leonard Eugene Ward v. M. H. Valadez, No. 3:19-cv-01267 (S.D. Cal. Oct. 16, 2019).(Litigants who file prison condition actions after release from confinement are no 10 longer “prisoners” for purposes of 42 USCS § 1997e(a), and therefore they need not satisfy 11 exhaustion requirements of that provision)
- Dennis Bargher v. Craig White, 928 F.3d 439 (5th Cir. 2019).publishedBy its plain language, however, the PLRA’s restrictions do not apply to actions filed by former inmates following their release. 42 U.S.C. § 1997e(a) (“No action shall be brought . . . by a prisoner . . . until such administrative remedies…
- Lynch v. City of N.Y., 335 F. Supp. 3d 645 (S.D. Ill. 2018).published Dep't of Corrs. , 587 F.3d 143 , 155 (2d Cir. 2009) (discussing 42 U.S.C. § 1997e(d)(1) ); Greig , 169 F.3d at 167 (discussing 42 U.S.C. § 1997e(a) ).
- John Lesesne v. John Doe, 712 F.3d 584 (D.C. Cir. 2013).publishedSee Talamantes v. Leyva, 575 F.3d 1021, 1023-24 (9th Cir.2009); Cofield v. Bowser, 247 Fed.Appx. 413, 414 (4th Cir.2007); Norton v. City of Marietta, 432 F.3d 1145 , *588 1150-51 (10th Cir.2005); Nerness v. Johnson, 401 F.3d 874, 876 (8th…
- Butler v. Suffolk Cnty., 289 F.R.D. 80 (E.D.N.Y. 2013).published(Pls.Opp. 19.) Although the exhaustion requirement does not apply to a former prisoner who institutes an action after he is released from custody, see Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999), it does apply to prisoners who, like Ki…
- Phipps v. Sheriff of Cook Cnty., 681 F. Supp. 2d 899 (N.D. Ill. 2010).publishedSee, e.g., Witzke v. Femal, 376 F.3d 744, 750 (7th Cir.2004); see also Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002) (noting that “every court of appeals to have considered the issue has held that the PLRA does not apply to actions f…
- Rye v. Erie Cnty. Prison, 689 F. Supp. 2d 770 (W.D. Pa. 2009).published“It is the plaintiff’s status at the time he files suit that determines whether § 1997e(a)’s [the PLRA’s] exhaustion provision applies.” Norton v. City of Marietta, 432 F.3d 1145, 1150 (10th Cir.2005) citing Nerness v. Johnson, 401 F.3d 87…
- Talamantes v. Leyva, 575 F.3d 1021 (9th Cir. 2009).published See, e.g., Norton v. City of Marietta, 432 F.3d 1145, 1149-51 (10th Cir.2005) (per curiam); Nemess v. Johnson, 401 F.3d 874, 876 (8th Cir.2005); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Greig v. Goord, 169 F.3d 165, 167 (2d Cir…
- Chao v. Ballista, 630 F. Supp. 2d 170 (D. Mass. 2009).publishedSee Ahmed v. Dragovich, 297 F.3d 201 , 210 n. 10 (3d Cir.2002) (citing cases); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Torres Rios v. Pereira Castillo, 545 F.Supp.2d 204, 206 (D.P.R.2007).
- Torres Rios v. Pereira Castillo, 545 F. Supp. 2d 204 (D.P.R. 2007).publishedSee, e.g., Norton v. The City of Marietta, 432 F.3d 1145, 1149-1151 (10th Cir.2005); Ahmed v. Dragovich, 297 F.3d 201, 210 (3rd Cir.2002); Greig v. Goord, 169 F.3d 165, 167 (2nd Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
- Mabry v. Freeman, 489 F. Supp. 2d 782 (E.D. Mich. 2007).publishedSee Michau v. Charleston County, 434 F.3d 725, 727 (4th Cir.2006) (holding that the PLRA’s exhaustion requirement does not apply to a plaintiff who is not a prisoner as defined in the Act when the suit is filed); Nerness v. Johnson, 401 F.…
- Jackson v. Johnson, 475 F.3d 261 (5th Cir. 2007).publishedThe Attorney General cites to the following cases: Janes v. Hernandez, 215 F.3d 541 (5th Cir.2000); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999) (per curiam); Doe v. Washington County, 150 F.3d 920 (8th Cir.1998); and Kerr v. Puckett, 1…
- Calia v. Werholtz, 408 F. Supp. 2d 1148 (D. Kan. 2005).published (holding “that litigants— like [plaintiff]-who file prison condition actions after release from confinement are no longer 'prisoners' for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirement…)
- Norton v. City of Marietta, 432 F.3d 1145 (10th Cir. 2005).published See Nemess v. Johnson, 401 F.3d 874, 876 (8th Cir.2005) (per curiam); Witzke v. Femal, 376 F.3d 744, 750 (7th Cir.2004); Cox v. Mayer, 332 F.3d 422, 424-25 (6th Cir.2003); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Medinar-Claudi…
- Rose v. Saginaw Cnty., 232 F.R.D. 267 (E.D. Mich. 2005).published (former prisoner not required to comply with PLRA)
- Rivera-Quinones v. Rivera-Gonzalez, 397 F. Supp. 2d 334 (D.P.R. 2005).published“[L]itigants... who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision”
- Joseph Berry v. Bernard B. Kerik, Comm'r of New York City Dep't of Corr., Joseph T. Berry v. Bernard B. Kerik, Comm'r of New York City Dep't of Corr., 366 F.3d 85 (2d Cir. 2004).published(exhaustion not required for former prisoner who is not confined at the time he files his lawsuit)
- Berry v. Kerik, 366 F.3d 85 (2d Cir. 2004).published(exhaustion not required for former prisoner who is not confined at the time he files his lawsuit)
- Kritenbrink v. Crawford, 313 F. Supp. 2d 1043 (D. Nev. 2004).published(analyzing Section 1997e’s legislative history and disagreeing with appellees-defendants that strict, literal adherence to the language of Section 1997e would give preferential treatment to former prisoners over current…)
- Chase v. Peay, 286 F. Supp. 2d 523 (D. Md. 2003).publishedSee Cox v. Mayer, 332 F.3d 422, 425 (6th Cir.2003); Ahmed v. Dragovich, 297 F.3d 201 , 210 (3d Cir.2002); Dixon v. Page, 291 F.3d 485, 488-89 (7th Cir.2002); cf. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir.2000) (applying § 1997e(a) to th…
- Jerry L. Cox v. Jan Mayer, Dr., 332 F.3d 422 (6th Cir. 2003).published (reasoning that the justifications for the exhaustion requirement "simply do not apply to individuals who were formerly incarcerated)
- Smith v. Franklin Cnty., 227 F. Supp. 2d 667 (E.D. Ky. 2002).publishedSee Abdul-Akbar v. McKelvie, 239 F.3d 307, 314 (3rd Cir.2001); Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000); Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir.2000); Harris v. Garner, 216 F.3d 970, 981 (11th Cir.2000); Greig v. Goord, 1…
- Simpson v. Gallant, 223 F. Supp. 2d 286 (D. Me. 2002).publishedOther Circuit Courts of Appeal have reached similar conclusions in addressing former-prisoner status and the exhaustion requirement, see Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999),…
- Bryant S. Troville v. Greg Venz, 303 F.3d 1256 (11th Cir. 2002).published The Second Circuit reached a similar conclusion in Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999). 5 .
- Morris v. Eversley, 205 F. Supp. 2d 234 (S.D.N.Y. 2002).published(holding that litigants “who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy [its] exhaustion requirements)
- Ahmed v. Dragovich, 297 F.3d 201 (3d Cir. 2002).published See, e.g., Harris v. Garner, 216 F.3d 970, 979-80 (11th Cir.2000) (en banc) (determining PLRA not applicable to complaints filed by former prisoners for complaints regarding prison conditions prior to release, and concluding dismissals sho…
- No. 01-2153, 292 F.3d 31 (1st Cir. 2002).published See, e.g., Janes v. Hernández, 215 F.3d 541, 543 (5th Cir.2000), cert. denied, 531 U.S. 1113 , 121 S.Ct. 858 , 148 L.Ed.2d 772 (2001); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998). 17 M…
- Medina-Claudio v. Commonwealth of PR, 292 F.3d 31 (1st Cir. 2002).published See, e.g., Janes v. Hernández, 215 F.3d 541, 543 (5th *35 Cir.2000), cert. denied, 531 U.S. 1113 , 121 S.Ct. 858 , 148 L.Ed.2d 772 (2001); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
- Cox v. Malone, 199 F. Supp. 2d 135 (S.D.N.Y. 2002).publishedIn Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999), the court found that the language of section 1997e(a), requiring full exhaustion as a pre-requisite to suit, did not literally apply to a plaintiff who was a parolee when he filed his com…
- Debro S. Abdul-Akbar v. Roderick R. Mckelvie, 239 F.3d 307 (3d Cir. 2001).publishedGreig v. Goord, 169 F.3d 165, 167 (2d Cir. 1999).
- Abdul-Akbar v. McKelvie, 239 F.3d 307 (3d Cir. 2001). Greig v. Goord, 169 F.3d 165, 167 (2d Cir. 1999).
- Page v. Torrey, 201 F.3d 1136 (9th Cir. 2000).published(holding that a former prisoner was not required to comply with the PLRA)
- Troy D. v. Mickens, 806 F. Supp. 2d 758 (D.N.J. 2011).published
- Nelson v. Eaves, 140 F. Supp. 2d 319 (S.D.N.Y. 2001).published
- Randolph v. Maryland, 74 F. Supp. 2d 537 (D. Md. 1999).published
- Jessamy v. Ehren, 153 F. Supp. 2d 398 (S.D.N.Y. 2001).published
- Lewis ex rel. Lewis v. Gagne, 281 F. Supp. 2d 429 (N.D.N.Y. 2003).published
- Zimmerman v. Schaeffer, 654 F. Supp. 2d 226 (M.D. Pa. 2009).published
- Morris v. Eversley, 343 F. Supp. 2d 234 (S.D.N.Y. 2004).published
- Cruz v. Jordan, 80 F. Supp. 2d 109 (S.D.N.Y. 1999).published
- Cox v. Mayer, No. 02-5102 (6th Cir. June 11, 2003).published
- Charlie Jackson v. R. Fong, 870 F.3d 928 (9th Cir. 2017).published
- Jordan v. LaFrance, No. 3:18-cv-01541 (D. Conn. Oct. 9, 2019).
- Maldonado v. Fischer, No. 1:11-cv-01091 (W.D.N.Y. Nov. 6, 2019).
- Simpson v. Davenport, No. 3:20-cv-00024 (W.D. Pa. Jan. 13, 2022).
- Gibson v. Brooks, 335 F. Supp. 2d 325 (D. Conn. 2004).published
At page 166 Determining exhaustion requirement based on confinement status1 citing caseholding that a plaintiff’s confinement status at the time he files a federal action determines whether the PLRA’s exhaustion requirement applies
- Schulte v. United States, No. 1:21-cv-04042 (S.D.N.Y. Feb. 22, 2023).(holding that a plaintiff’s confinement status at the time he files a federal action determines whether the PLRA’s exhaustion requirement applies)
v.
G. GOORD, Commissioner of New York State Department of Corrections, P. Coombe, former Commissioner of Corrections, Sally B. Johnson, Superintendent, Orleans C.F., Captain Monahan, Orleans C.F., Sergeant Eichelberger, Orleans, C.F., Sergeant Conway, Orleans C.F., T. Curtis, Last Known Position, Assistant Superintendent, Buffalo Correctional Facility, Officer Milbrand, Last Known Address, Buffalo C.F.
James C. Greig appeals pro se from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge), dismissing his complaint for failure to comply with the exhaustion requirements of 42 U.S.C. § 1997e(a). Greig argues on appeal, inter alia, that § 1997e(a) applies only to suits brought “by a prisoner confined in any jail, prison, or other correctional facility,” and that because he had already been released from custody by the time he filed his complaint, he was not required to comply with the exhaustion requirements of the section. We agree, and accordingly vacate the judgment of the District Court, and remand for further proceedings.
I.
When Congress enacted the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (the “PLRA”), it amended a variety of statutory provisions governing federal court litigation initiated by prisoners. Among the affected provisions was 42 U.S.C. § 1997e(a), which, in its amended form, provides that “[n]o action shall be brought with respect to prison conditions under section 1983 ..., or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” Another provision, in turn, defines “prisoner” to mean “any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.” Id. § 1997e(h).
. Greig commenced the instant action under 42 U.S.C. § 1983 against several New York State prison officials, asserting that these defendants had violated his constitutional rights at various points during his incarceration. Greig’s complaint indicated, however, that he had been paroled and was thus no longer incarcerated.
By order dated August 13, 1997, the District Court (Michael A. Telesca, Judge) held that plaintiff was bound by the administrative exhaustion requirements of § 1997e(a), and it ordered plaintiff to “file a response which details his efforts to exhaust the administrative remedies” no later than September 16, 1997. Although the Court correctly noted that Greig was a “person formerly incarcerated,” (emphasis added) it did not explain how such a person could be treated as a “prisoner” for purposes of § 1997e(a).
September 16, 1997 passed without any response from Greig. Thereafter, by order dated September 30, 1997, the District Court (Richard J. Arcara, Judge) dismissed the complaint on the ground that Greig had failed to demonstrate exhaustion as required by § 1997e(a) and Judge Telesca’s August 13, 1997 order. Judge Arcara’s order referred to Greig’s status as a person “formerly incarcerated in a correctional facility,” (emphasis added) but once again applied § 1997e(a) without explicit consideration of whether Greig, in fact, met the statute’s definition of a “prisoner.” [1]
After the entry of judgment, Greig brought this timely appeal.
II.
On appeal, Greig argues, inter alia, that the District Court erred in classifying him as[*167] a “prisoner” and requiring him to exhaust administrative remedies. Appellees acknowledge that Greig was a parolee at the time he filed his complaint and that the language of § 1997e(a) — as well as that of § 1997e(h)— does not literally apply to him.[2] Section 1997e(a) purports to limit actions brought by “a prisoner confined ” in specified correctional facilities, and § 1997e(h) further defines the word “prisoner” to mean a person “incarcerated or detained” in a facility. Appellees do not contend that Greig was “confined,” “incarcerated,” or “detained” at the time he filed this action.
Appellees argue, instead, that strict, literal adherence to the language of § 1997e would give preferential treatment to former prisoners over current prisoners (because current prisoners would have to exhaust administrative remedies, whereas former prisoners who failed to utilize administrative procedures when they were incarcerated would nonetheless be free to sue after .their release), and thereby inject a distinction not contemplated by Congress. We disagree. When introducing the PLRA, Senators Dole and Kyi justified treating prisoners differently from other litigants by stating that prisoners file frivolous lawsuits because filing lawsuits “has become a recreational activity for long-term residents of our prisons,” because prisoners “have little to lose and everything to gain,” and because filing frivolous complaints is “a means of gaining a short sabbatical in the nearest Federal courthouse.” 141 Cong. Rec. S7524-26 (daily ed. May 25, 1995) (statements by Senators Dole and Kyi) (citations and internal quotation marks omitted). These justifications simply do not apply to individuals who were formerly incarcerated. Cf. Doe v. Washington County, 150 F.3d 920, 924 (8th Cir.1998) (“Congress ... fully intended to distinguish between those who are ‘prisoners’ when they decide whether to file a complaint and those who are not.”); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (“[T]he term ‘prisoner’ ... [as used in the various provisions of the PLRA] does not comprehend a felon who has been released.”).[3]
Here, we hold that litigants — like Greig— who file prison condition actions after release from confinement are no longer “prisoners” for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision.
III.
For the reasons set forth above, the judgment of the District Court is hereby vacated and the matter remanded for further proceedings.
As a further consequence of Greig’s purported failure to exhaust administrative remedies, the District Court directed the Clerk of Court to docket the dismissal as one of three "strikes” for[*167] purposes of 28 U.S.C. § 1915(g). Section 1915(g) provides as follows:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under [the in forma pauperis statute] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
Because we conclude that the underlying dismissal was erroneous, we do not consider whether a "strike” would otherwise have been warranted.
Initially, appellees declined to file a brief on appeal, explaining that because they were not served with the complaint, they would not defend the appeal. However, appellees ultimately responded to the second of two orders of this Court directing briefing in this case.
The Eighth Circuit in Doe interpreted the definition of "prisoner" as it applied to the subsection of § 1997e dealing with attorneys’ fees, see 150 F.3d at 924, while the Seventh Circuit in Kerr interpreted the term as it applied to another subsection limiting recovery' for mental or emotional injuries, see 138 F.3d at 322. We are faced only with the task of interpreting the word as it is used in the subsection addressing the exhaustion of administrative remedies, and we intimate no view on the applicability of our holding to other provisions of § 1997e or of the PLRA generally.