C.F.R. » Title 28 » CHAPTER V—BUREAU OF PRISONS, DEPARTMENT OF JUSTICE › SUBCHAPTER C—INSTITUTIONAL MANAGEMENT › PART 542—ADMINISTRATIVE REMEDY › Subpart B—Administrative Remedy Program

28 C.F.R. § 542.13

Informal resolution

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(a) Informal resolution. Except as provided in § 542.13(b), an inmate shall first present an issue of concern informally to staff, and staff shall attempt to informally resolve the issue before an inmate submits a Request for Administrative Remedy. Each Warden shall establish procedures to allow for the informal resolution of inmate complaints.

(b) Exceptions. Inmates in CCCs are not required to attempt informal resolution. An informal resolution attempt is not required prior to submission to the Regional or Central Office as provided for in § 542.14(d) of this part. An informal resolution attempt may be waived in individual cases at the Warden or institution Administrative Remedy Coordinator's discretion when the inmate demonstrates an acceptable reason for bypassing informal resolution.

Notes of Decisions
Cited in 667 cases (467 in the last 5 years), 1983–2026 · leading case: Michael Rinaldi v. United States, 904 F.3d 257 (3rd Cir. 2018).
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Michael Rinaldi v. United States, 904 F.3d 257 (3rd Cir. 2018). · cites it 8× “See 28 C.F.R. §§ 542.13 -.18. 5 and bruises and emotional distress” from several physical altercations with Cellmate #2.”
Charles Mack v. Warden Loretto FCI, 839 F.3d 286 (3rd Cir. 2016). · cites it 2× “Welborn,64 the Seventh Circuit held that an inmate’s oral complaints to prison guards about the use of shackles in group therapy and the denial of yard time were constitutionally protected under the Petition Clause.”
Thornburgh v. Abbott, 490 U.S. 401 (1989). · cites it 2× “28 CFR § 542.13 (b) (1988). If the inmate believes he would be adversely affected if the complaint became known at the prison, he may file the complaint with the Regional Director of the Bureau.”
Nunez v. Duncan, 591 F.3d 1217 (9th Cir. 2010). · cites it 2× “Governing Regulations The BOP grievance process is set forth at 28 C.F.R. § 542.13 -.15. As a first step in this process, an inmate normally must present his complaint informally to prison staff using a BP-8 form.”
Karamo B. Kaba v. E.A. Stepp, Mickal E. Laird, Dave Benson, & Joseph Yonkman, 458 F.3d 678 (7th Cir. 2006). “” 28 C.F.R. § 542.13 (a), (b). If the informal route fails, the inmate has 20 days from the complained-of event to file a written Administrative Remedy Request on the appropriate form to the warden.”
Curtis L. Dale v. Harley G. Lappin, 376 F.3d 652 (7th Cir. 2004). “to submit a grievance, see 28 C.F.R. § 542.13 (a); Massey II, 259 F.”
Mitchell v. Dodrill, 696 F. Supp. 2d 454 (M.D. Penn. 2010). “28 C.F.R. § 542.13 (a). If unsuccessful at informal resolution, the inmate may raise his complaint with the warden of the institution where he is confined.”
Johnson v. Rowley, 569 F.3d 40 (2d Cir. 2009). “If the issue remained unresolved, the inmate could submit “a formal written Administrative Remedy Request” to the institution staff member designated to receive such requests. See id. § 542.14. The inmate could appeal any adverse decision made at that stage to the Regional…”
Harlan Clement Gibbs 19446039 v. Bureau of Prison Off., 986 F. Supp. 941 (D. Maryland 1997). · cites it 2× “28 C.F.R. § 542.13 (b). In an emergency situation where the prisoner’s health or welfare is threatened, the warden must respond within 48 hours of receipt of the complaint.”
Yu Kikumura v. Osagie, 461 F.3d 1269 (10th Cir. 2006). “Inmates who wish to pursue their grievance further may file “á formal written Administrative Remedy Request, on the appropriate form (BP-9)” with the Warden of the prison, so long as they act within “20 calendar days following the date on which the basis for the request…”
MacIas v. Zenk, 495 F.3d 37 (2d Cir. 2007). “The first tier requires the inmate to report informally the issue to the staff, the second tier requires the inmate to file a written remedy request with the Warden, and the third tier requires the inmate to file appeals with the appropriate Regional Director and then with the…”
William T. Irwin v. Kathleen M. Hawk, Dir., John T. Hadden Bryan Bledsoe R.E. Honsted Nate Carrington & F.E. Delegal, 40 F.3d 347 (11th Cir. 1994). · cites it 2× “28 C.F.R. § 542.13 (a). If this informal resolution is not successful, the inmate may file a formal written complaint, on the appropriate form, with the warden at the local institution level.”
Show all 667 citing cases →
— 28 C.F.R. § 542.13(a) — 10 cases
Charles Mack v. Warden Loretto FCI, 839 F.3d 286 (3rd Cir. 2016). “Welborn,64 the Seventh Circuit held that an inmate’s oral complaints to prison guards about the use of shackles in group therapy and the denial of yard time were constitutionally protected under the Petition Clause.”
Williams v. Metro. Det. Ctr., 418 F. Supp. 2d 96 (E.D.N.Y 2005).
Irwin v. Quinlan, 791 F. Supp. 301 (S.D. Ga. 1992).
(PC) Gary Nichols v. United States of Am. (E.D. Cal. 2019).
Smith v. Spaulding. (D. Mass. 2019).
— 28 C.F.R. § 542.13(b) — 1 case
Irwin v. Quinlan, 791 F. Supp. 301 (S.D. Ga. 1992).
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