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. § 542.16

Assistance

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(a) An inmate may obtain assistance from another inmate or from institution staff in preparing a Request or an Appeal. An inmate may also obtain assistance from outside sources, such as family members or attorneys. However, no person may submit a Request or Appeal on the inmate's behalf, and obtaining assistance will not be considered a valid reason for exceeding a time limit for submission unless the delay was caused by staff.

(b) Wardens shall ensure that assistance is available for inmates who are illiterate, disabled, or who are not functionally literate in English. Such assistance includes provision of reasonable accommodation in order for an inmate with a disability to prepare and process a Request or an Appeal.

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2004–2024 · leading case: Ramos v. Smith, 187 F. App'x 152 (3rd Cir. 2006).
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Ramos v. Smith, 187 F. App'x 152 (3rd Cir. 2006). · cites it 2× “28 C.F.R. § 542.16 (b). Ramos does not claim that he asked for and was refused assistance in filing his administrative appeals.”
Baez v. Kahanowicz, 469 F. Supp. 2d 171 (S.D.N.Y. 2007). “¶ 8;) While this unfamiliarity with the English language is sufficient to merit assistance in filing appeals, see 28 C.F.R. § 542.16 , it does not amount to a special circumstance justifying departure from the exhaustion requirement of the Prison Litigation Reform Act.”
Montañez v. Beard, 344 F. App'x 833 (3rd Cir. 2009). “2d 935 (1974) (noting that one of the procedural protections afforded to a prisoner facing a deprivation of a liberty interest in certain prison disciplinary hearings is “assistance from a representative, if the charged inmate is illiterate or if complex issues are involved”);…”
Steele v. Fed. Bureau of Prisons, 100 F. App'x 773 (10th Cir. 2004). “” 28 C.F.R § 542.16(b) (deleted Aug. 6, 2002).”
Cunningham v. Fed. Bureau of Prisons, 222 F. Supp. 3d 959 (D. Colo. 2015). “Bureau of Prison’s “Administrative Remedies Program” prohibits anyone from submitting a request or appeal on a prisoners’ behalf, see 28 C.F.R § 542.16; (2) CLA is exempt from the exhaustion requirement because this legal action is intended to prevent or eliminate imminent…”
Armani Cummings, Petitioner v. Warden, Fed. Corr. Inst., Berlin, Defendant, 2024 DNH 023 (D.N.H. 2024). “See 28 C.F.R. § 542.16 . So, in Cummings’ view, not only was his conduct not prohibited, it was actually authorized in so far as he was merely “assisting” other inmates in preparing BP-8 Forms complaining about the prison’s television policy - all in a non-disruptive manner.”
Jeffrey Rodd v. Leann LaRiva (8th Cir. 2021). “See 28 C.F.R. § 542.16 (a). The court dismissed Rodd’s Federal Tort Claims Act claims because they were not adequately presented in any of the five prior administrative tort claims Rodd filed; this action was not filed within six months after the Bureau of Prisons denied the…”
Jeffrey Rodd v. K. Crandall (8th Cir. 2022). “See 28 C.F.R. § 542.16 (a). The court dismissed Rodd’s Federal Tort Claims Act claims because this action was not filed within six months after the Bureau of Prisons denied the claim, see 28 U.”
Baldwin v. Hudson (E.D. Ky. 2022). “28 C.F.R. § 542.16 . The BOP’s grievance process through ARP has been deemed a valid remedial mechanism to remedy constitutional violations perpetrated against federal inmates or by federal prison officials.”
Rodd v. Crandall (D. Minnesota 2021). “28 C.F.R. § 542.16 (a). Additionally, wardens must “ensure that assistance is available for inmates who are .”
Richard v. Healy (N.D. Ohio 2024). “28 C.F.R. § 542.16 . When there are alternative methods of relief, a Bivens remedy usually is not available.”
Montañez v. Beard, 344 F. App'x 833 (3rd Cir. 2009). “2d 935 (1974) (noting that one of the procedural protections afforded to a prisoner facing a deprivation of a liberty interest in certain prison disciplinary hearings is “assistance from a representative, if the charged inmate is illiterate or if complex issues are involved”);…”
— 28 C.F.R. § 542.16(b) — 1 case
Steele v. Fed. Bureau of Prisons, 100 F. App'x 773 (10th Cir. 2004). “” 28 C.F.R § 542.16(b) (deleted Aug. 6, 2002).”
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