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Statutory Interpretation – PLRA

By: Derek Hawkins//October 23, 2018//

Statutory Interpretation – PLRA

By: Derek Hawkins//October 23, 2018//

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7th Circuit Court of Appeals

Case Name: Darwin Ramirez v. Richard Young, et al.

Case No.: 15-3298

Officials: WOOD, Chief Judge, and BAUER and SYKES, Circuit Judges.

Focus: Statutory Interpretation – PLRA

Under the Prison Litigation Reform Act of 1995 (PLRA), “[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner … until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a) (emphasis added). This appeal concerns the availability of administrative remedies described to a prisoner by prison officials only in a language they knew he could not understand. We hold that this was not enough to render those remedies “available” to the prisoner. We therefore reverse the judgment dismissing Darwin Ramirez’s federal suit for failure to exhaust and remand for further proceedings.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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