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Administrative Law Keyed to Koch
McCarthy v. Madigan
Citation:
503 U.S. 140 (1992)Facts
John McCarthy, while incarcerated at the federal penitentiary in Leavenworth, filed a pro se complaint against four prison employees alleging they violated his Eighth Amendment rights through deliberate indifference to his medical needs resulting from a back operation and psychiatric problems. McCarthy’s complaint explicitly sought “Money Damages Only.” The Bureau of Prisons’ administrative remedy procedure required inmates to first seek informal resolution, then file a formal complaint within 15 days of the incident, with subsequent 20-day and 30-day deadlines for appeals. The procedure did not provide for hearings or monetary relief. The district court dismissed McCarthy’s complaint for failure to exhaust administrative remedies, and the Tenth Circuit affirmed, reasoning that administrative review would aid the court in measuring liability and determining damages, even if the administrative process could not award money damages.
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