42 U.S.C. § 1997e
Suits by prisoners
No action shall be brought with respect to prison conditions under section 1983 of this title, 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.
The failure of a State to adopt or adhere to an administrative grievance procedure shall not constitute the basis for an action under section 1997a or 1997c of this title.
No Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18).
As used in this section, the term “prisoner” means 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.
Section 1988 of this title, referred to in subsec. (d)(1), (4), was in the original a reference to section 2 of the Revised Statutes of the United States (42 U.S.C. 1988), and has been translated as reading section 722 of the Revised Statutes of the United States to reflect the probable intent of Congress. Section 2 of the Revised Statutes, which defined the term “county”, was repealed and reenacted as section 2 of Title 1, General Provisions, by act July 30, 1947, ch. 388, 61 Stat. 633, 640.
2013—Subsec. (e). Pub. L. 113–4 inserted “or the commission of a sexual act (as defined in section 2246 of title 18)” before period at end.
1996—Pub. L. 104–134 amended section generally, substituting provisions relating to suits by prisoners, consisting of subsecs. (a) to (h), for former provisions relating to exhaustion of remedies, consisting of subsecs. (a) to (d).
1994—Subsec. (a). Pub. L. 103–322, § 20416(a)(1), substituted “exceed 180 days” for “exceed ninety days” in par. (1) and inserted before period at end of par. (2) “or are otherwise fair and effective”.
Subsec. (c). Pub. L. 103–322, § 20416(a)(2), inserted “or are otherwise fair and effective” before period at end of par. (1) and “or is no longer fair and effective” before period at end of par. (2).
Pub. L. 103–322, title II, § 20416(b),
Pub. L. 105–277, div. A, § 101(b) [title I, § 127],
[Pub. L. 105–277, div. A, § 101(b) [title I, § 127], set out above, applicable to fiscal year 2000 and thereafter, see Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 109], set out as an Applicability of Provisions Relating to Use of Counterterrorism Appropriations and Nondisclosure of Information in Actions Brought by Prisoners note under section 524 of Title 28, Judiciary and Judicial Procedure.]
Notes of Decisions
Cited in 21,488
cases (12,774 in the last 5 years), 1980–2026 · leading case: Jones v. Bock
Jones v. Bock (2007)
“1321 -71, as amended, 42 U. S. C. § 1997e et seq. Among other reforms, the PLRA mandates early judicial screening of prisoner complaints and requires prisoners to exhaust prison grievance procedures before filing suit.”
Michael Rinaldi v. United States (2018)
“Rinaldi also requests for the first time in his Reply that, in view of Mack, we remand to give him the opportunity to amend his RFRA claim—the very 8 The District Court granted the Government’s “Motion to Dismiss or, in the alternative, Motion for Summary Judgment,” concluding…”
O'NEAL v. Price (2008)
“However, in construing a related provision of the PLRA, we held that actions are "brought" for purposes of 42 U.S.C. § 1997e(a) [5] "`when the complaint is tendered to the district clerk,' and not when it is subsequently filed.”
Charlie Jackson v. R. Fong (2017)
“2000) (en banc) (holding that the term “brought” in 42 U.S.C. § 1997e referred to the filing of the action).”
Damous Nettles v. Randy Grounds (2016)
“Instead, it suggests that by requiring one set of procedures for § 1983 claims under the Prison Litigation Reform Act of 1995 (PLRA), 42 U.S.C. § 1997e et seq., and another set for habeas petitions brought pursuant to the Antiterrorism and Effective Death Penalty Act of 1996…”
Juan Albino v. Lee Baca (2014)
“BACA SUMMARY* Prisoner Civil Rights The en banc court reversed the district court’s grant of summary judgment for defendants and remanded with instructions to enter summary judgment for plaintiff on the issue of whether he exhausted his administrative remedies, pursuant to the…”
Dawn Ball v. Famiglio (2013)
“Second, it established “prescreening” provisions that require a court to dismiss an action or appeal sua sponte if the action is “frivolous” or “malicious,” “fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune from…”
Pendleton v. Mills (2001)
“In 1996, the Tennessee General Assembly directed the Department of Correction to “develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department that qualifies for certification under 42 U.”
Olivas v. Nevada Ex Rel. Department of Corrections (2017)
“§ 1915 , which establishes procedures for prisoner-plaintiffs proceeding in forma pauperis, and 42 U.S.C. § 1997e, which requires prisoner-plaintiffs to exhaust administrative remedies before challenging prison conditions, applied to a plaintiff who was civilly committed.”
Porter v. Nussle (2002)
“352 , as amended, 42 U. S. C. § 1997e (1994 ed.). This measure authorized district courts to stay a state prisoner’s §1983 action “for a period of not to exceed 180 days” while the prisoner exhausted available “plain, speedy, and effective administrative remedies.”
May v. Segovia (2019)
“I agree with the majority that the exhaustion requirement in the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e, applies to May’s procedural due process claim.”
Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, Intervenor (2002)
“§ 1915 (e)(2) and 42 U.S.C. § 1997e(c), was well explained in McGore v.”
— 42 U.S.C. § 1997e(1) — 18 cases
Burchard v. Johnson (2020)
Hrabik v. Kopp (2020)
Gibson v. Bonnett (2021)
Hooker v. Haynes (2021)
Cunningham v. Lupis (2022)
— 42 U.S.C. § 1997e(2) — 1 case
— 42 U.S.C. § 1997e(A) — 1 case
— 42 U.S.C. § 1997e(D) — 1 case
Briscoe v. LeBlanc (2024)
— 42 U.S.C. § 1997e(PLRA) — 1 case
— 42 U.S.C. § 1997e(a) — 12229 cases
Michael Rinaldi v. United States (2018)
“Rinaldi also requests for the first time in his Reply that, in view of Mack, we remand to give him the opportunity to amend his RFRA claim—the very 8 The District Court granted the Government’s “Motion to Dismiss or, in the alternative, Motion for Summary Judgment,” concluding…”
Jones v. Bock (2007)
“1321 -71, as amended, 42 U. S. C. § 1997e et seq. Among other reforms, the PLRA mandates early judicial screening of prisoner complaints and requires prisoners to exhaust prison grievance procedures before filing suit.”
Juan Albino v. Lee Baca (2014)
“BACA SUMMARY* Prisoner Civil Rights The en banc court reversed the district court’s grant of summary judgment for defendants and remanded with instructions to enter summary judgment for plaintiff on the issue of whether he exhausted his administrative remedies, pursuant to the…”
Pendleton v. Mills (2001)
“In 1996, the Tennessee General Assembly directed the Department of Correction to “develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department that qualifies for certification under 42 U.”
Booth v. Churner (2001)
— 42 U.S.C. § 1997e(a)(1) — 35 cases
Cruz v. Jordan (1999)
— 42 U.S.C. § 1997e(a)(1996) — 3 cases
Green v. Rubenstein (2009)
Hayes v. State (2009)
— 42 U.S.C. § 1997e(a)(2) — 14 cases
Langford v. Couch (1999)
Johnson v. Ozmint (2008)
Helms v. Hewitt (1981)
— 42 U.S.C. § 1997e(a)(2)(1994) — 1 case
Russell v. Johnson (2004)
— 42 U.S.C. § 1997e(a)(2000) — 2 cases
Ables v. Hall (2019)
— 42 U.S.C. § 1997e(a)(2001) — 1 case
Bates v. Day (2001)
— 42 U.S.C. § 1997e(a)(2004) — 1 case
Lodato v. Ortiz (2004)
— 42 U.S.C. § 1997e(a)(l) — 35 cases
Pendleton v. Mills (2001)
“In 1996, the Tennessee General Assembly directed the Department of Correction to “develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department that qualifies for certification under 42 U.”
Alexander v. Hawk (1998)
Langford v. Couch (1999)
— 42 U.S.C. § 1997e(a)(l)(1994) — 1 case
Sallee v. Joyner (1999)
— 42 U.S.C. § 1997e(b) — 16 cases
Wisenbaker v. Farwell (2004)
Spence v. Mendoza (1998)
— 42 U.S.C. § 1997e(b)(1) — 1 case
MacK v. State (1988)
— 42 U.S.C. § 1997e(b)(2) — 2 cases
Muhammad v. Carlson (1984)
Lewis v. Meyer (1986)
— 42 U.S.C. § 1997e(b)(2)(A) — 2 cases
Lewis v. Meyer (1986)
— 42 U.S.C. § 1997e(b)(2)(B) — 1 case
Lewis v. Meyer (1986)
— 42 U.S.C. § 1997e(b)(2)(C) — 1 case
Lewis v. Meyer (1986)
— 42 U.S.C. § 1997e(b)(2)(D) — 1 case
Lewis v. Meyer (1986)
— 42 U.S.C. § 1997e(b)(l) — 6 cases
Knop v. Johnson (1992)
Kennedy v. Herschler (1981)
— 42 U.S.C. § 1997e(c) — 2893 cases
O'NEAL v. Price (2008)
“However, in construing a related provision of the PLRA, we held that actions are "brought" for purposes of 42 U.S.C. § 1997e(a) [5] "`when the complaint is tendered to the district clerk,' and not when it is subsequently filed.”
Dawn Ball v. Famiglio (2013)
“Second, it established “prescreening” provisions that require a court to dismiss an action or appeal sua sponte if the action is “frivolous” or “malicious,” “fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune from…”
Casey Dooley v. John Wetzel (2020)
Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, Intervenor (2002)
“§ 1915 (e)(2) and 42 U.S.C. § 1997e(c), was well explained in McGore v.”
— 42 U.S.C. § 1997e(c)(1) — 612 cases
O'NEAL v. Price (2008)
“However, in construing a related provision of the PLRA, we held that actions are "brought" for purposes of 42 U.S.C. § 1997e(a) [5] "`when the complaint is tendered to the district clerk,' and not when it is subsequently filed.”
Charlie Jackson v. R. Fong (2017)
“2000) (en banc) (holding that the term “brought” in 42 U.S.C. § 1997e referred to the filing of the action).”
Coleman v. Tollefson (2015)
— 42 U.S.C. § 1997e(c)(2) — 142 cases
Dawn Ball v. Famiglio (2013)
“Second, it established “prescreening” provisions that require a court to dismiss an action or appeal sua sponte if the action is “frivolous” or “malicious,” “fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune from…”
Boxer X v. Harris (2006)
— 42 U.S.C. § 1997e(c)(l) — 108 cases
Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, Intervenor (2002)
“§ 1915 (e)(2) and 42 U.S.C. § 1997e(c), was well explained in McGore v.”
Jones v. Bock (2007)
“1321 -71, as amended, 42 U. S. C. § 1997e et seq. Among other reforms, the PLRA mandates early judicial screening of prisoner complaints and requires prisoners to exhaust prison grievance procedures before filing suit.”
— 42 U.S.C. § 1997e(d) — 117 cases
Martin v. Hadix (1999)
Walker v. Bain (2001)
— 42 U.S.C. § 1997e(d)(1) — 44 cases
Martin v. Hadix (1999)
Jean-Louis v. City of N.Y. (2018)
— 42 U.S.C. § 1997e(d)(1)(A) — 14 cases
Adree Edmo v. Corizon, Inc. (2024)
Parmelee v. O'Neel (2010)
Parmelee v. O'NEEL (2010)
Graves v. Arpaio (2009)
— 42 U.S.C. § 1997e(d)(1)(B) — 1 case
Delaughter v. Woodall (2022)
— 42 U.S.C. § 1997e(d)(1)(B)(i) — 11 cases
Walker v. Bain (2001)
Dartez v. Peters (2024)
McLindon v. Russell (1999)
— 42 U.S.C. § 1997e(d)(1)(B)(ii) — 1 case
Balla v. Idaho (2012)
— 42 U.S.C. § 1997e(d)(2) — 91 cases
Walker v. Bain (2001)
Murphy v. Smith (2018)
Kahle v. Leonard (2009)
Shepherd v. Goord (2011)
— 42 U.S.C. § 1997e(d)(3) — 91 cases
Martin v. Hadix (1999)
Murphy v. Smith (2018)
— 42 U.S.C. § 1997e(d)(4) — 3 cases
Boivin v. Black (2000)
Morrison v. Davis (2000)
Reed v. Larson (2024)
— 42 U.S.C. § 1997e(d)(B)(i) — 1 case
— 42 U.S.C. § 1997e(d)(l) — 34 cases
Laube v. Allen (2007)
Volk v. Gonzalez (2001)
Carbonell v. Acrish (2001)
— 42 U.S.C. § 1997e(d)(l)(A) — 16 cases
Laube v. Allen (2007)
Morrison v. Davis (2000)
— 42 U.S.C. § 1997e(d)(l)(B) — 4 cases
Morrison v. Davis (2000)
Kelly v. Wengler (2014)
Carruthers v. Jenne (2002)
— 42 U.S.C. § 1997e(d)(l)(B)(i) — 12 cases
Fisher v. SD Protection Inc. (2020)
Clark v. Phillips (1997)
— 42 U.S.C. § 1997e(d)(l)(B)(ii) — 4 cases
Laube v. Allen (2007)
El-Tabech v. Clarke (2010)
Webb v. Ada County (2002)
Hall v. Terrell (2009)
— 42 U.S.C. § 1997e(e) — 2082 cases
Ned Hughes v. Charles Lott (2003)
Walker v. Schult (2022)
Douglas v. Yates (2008)
Pierce v. County of Orange (2008)
— 42 U.S.C. § 1997e(e)(1) — 3 cases
Hernandez v. Cate (2013)
Brown v. Silva (2023)
— 42 U.S.C. § 1997e(e)(2) — 7 cases
Burgess v. Morse (2003)
Walton v. Bouchard (2005)
Hayes v. Berghuis (2002)
McClaine-Bey v. Spicer (2001)
— 42 U.S.C. § 1997e(e)(3) — 2 cases
Johnson v. Castillo (2021)
Johnson v. Castillo (2021)
— 42 U.S.C. § 1997e(e)(l) — 5 cases
Kittelson v. Nafrawi (2004)
Johnson v. Sadzewicz (2006)
— 42 U.S.C. § 1997e(f) — 4 cases
Alexander S. v. Boyd (1997)
Bustillo v. Hilliard (2001)
Wiggins v. Corrections Corp. (2001)
Alexander S. v. Boyd (1997)
— 42 U.S.C. § 1997e(f)(l) — 4 cases
Edwards v. Logan (1999)
— 42 U.S.C. § 1997e(g) — 991 cases
Jones v. Bock (2007)
“1321 -71, as amended, 42 U. S. C. § 1997e et seq. Among other reforms, the PLRA mandates early judicial screening of prisoner complaints and requires prisoners to exhaust prison grievance procedures before filing suit.”
Shabazz v. Franklin (2005)
Alexander S. v. Boyd (1997)
— 42 U.S.C. § 1997e(g)(1) — 97 cases
Joseph v. Paredes (2022)
Eaves v. Cox (2024)
(PC) Greschner v. CDCR (2019)
Butler v. Pickell (2022)
— 42 U.S.C. § 1997e(g)(2) — 1165 cases
Baltoski v. Pretorius (2003)
Thompson v. TDCJ (2023)
Walker v. Schult (2022)
Shidler v. Moore (2006)
Rowe v. Davis (2005)
— 42 U.S.C. § 1997e(g)(l) — 6 cases
Jones v. Bock (2007)
“1321 -71, as amended, 42 U. S. C. § 1997e et seq. Among other reforms, the PLRA mandates early judicial screening of prisoner complaints and requires prisoners to exhaust prison grievance procedures before filing suit.”
Anderson v. Jutzy (2016)
Lee v. Suthers (2002)
Young v. Bowen (2009)
— 42 U.S.C. § 1997e(h) — 297 cases
Olivas v. Nevada Ex Rel. Department of Corrections (2017)
“§ 1915 , which establishes procedures for prisoner-plaintiffs proceeding in forma pauperis, and 42 U.S.C. § 1997e, which requires prisoner-plaintiffs to exhaust administrative remedies before challenging prison conditions, applied to a plaintiff who was civilly committed.”
Ziglar v. Abbasi (2017)
Talamantes v. Leyva (2009)
Sergentakis v. Channell (2017)
Ross v. County of Bernalillo (2004)
— 42 U.S.C. § 1997e(l) — 1 case
Simpson v. Overton (2003)
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