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Section 2241 Proper Remedy for BOP Disciplinary Hearings

Loaded on May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Administrative Exhaustion. Location: Illinois.

The court of appeals for the Seventh circuit held that a BOP prisoner in Illinois had properly filed a 28 U.S.C. S 2241 petition challenging a BOP disciplinary hearing even though he had not exhausted the BOP's administrative remedy program. While administrative exhaustion is usually required, it is not jurisdictional. …

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