Administrative Law Keyed to Lawson
McCarthy v. Madigan
The general “Administrative Remedy Procedures for Inmates,” promulgated by the Federal Bureau of Prisons allows prisoners to “seek formal review of a complaint which relates to any aspect of imprisonment.” The review process does not provide for any kind of hearing. Petitioner did not go through the prison administrative remedy, but filed suit in District Court, alleging respondents violated his Eighth Amendment constitutional rights by their deliberate indifference to his needs relating to a back injury and psychiatric problems. The District Court dismissed, and Petitioner filed a motion for reconsideration, arguing that he was not required to exhaust administrative remedies because he was seeking money damages, which the Bureau could not provide. The Court denied the motion, and the Court of Appeals affirmed. The Court of Appeals held that since Bivens actions are a creation of the judiciary, the courts can impose reasonable conditions on their filing to determine whether there is a possible Bivens cause of action. Requiring prisoners to exhaust the administrative remedy first, even absent the ability to award money damages, was permissible because it would create a record to aid the court in determining liability.
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