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To Exhaust Or Not To Exhaust: The Prisoner Litigation Reform Act Requires Prisoners To Exhaust All Administrative Remedies Before Filing Excessive Force Claims In Federal Court, Danielle M. Mcgill
To Exhaust Or Not To Exhaust: The Prisoner Litigation Reform Act Requires Prisoners To Exhaust All Administrative Remedies Before Filing Excessive Force Claims In Federal Court, Danielle M. Mcgill
Cleveland State Law Review
This Note addresses this issue and recommends that excessive force claims be subject to the PLRA's exhaustion requirement, thereby requiring an inmate to exhaust administrative remedies before filing an excessive force suit in federal court. Requiring exhaustion for excessive force claims will help solve the problems associated with the overabundance of frivolous prisoner litigation and the federal judiciary's unnecessary interference into the nation's prison administrations. Moreover, the excessive force issue is in the forefront because the Supreme Court granted certiorari in Porter v. Nussle, a case dealing exclusively with this issue. The lower court, in Nussle v. Willette, allowed an …