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Filing Date of Operative Complaint Dictates if PLRA Exhaustion Applies

Loaded on April 2, 2018 published in Prison Legal News April, 2018, page 57
Filed under: Administrative Exhaustion (PLRA), Failure to Treat (Mental Illness). Location: California.

The Ninth Circuit Court of Appeals held on August 31, 2017 that “a plaintiff who was in custody at the time he initiated his suit but was free when he filed his amended operative complaint is not a ‘prisoner’ subject to a PLRA [Prison Litigation Reform Act] exhaustion defense.”

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