Ross v. Blake (15-339)
argument 15-339Ross v. Blake
Supreme Court of the United States
51 min
5 speakers
8 chapters
transcribed 5 days ago
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What is the Prison Litigation Reform Act and why does the Court care about exhaustion of administrative remedies?
We'll hear argument next in case fifteen three three three three three nine Ross versus Blake. Ms. Bernhardt.
Mr.
Thank you, Your Honor. Mr Chief Justice, may it please the Court. In this case, the Fourth Circuit adopted a non textual exception to the requirement of the Prison Litigation Reform Act that a prisoner exhaust available administrative remedies. That exception, if accepted, would eviscerate Congress's intent in adopting the Prison Litigation Reform Act and requiring exhaustion of administrative remedies. In the Fourth Circuit states where this exception now applies, district courts are now charged with examining prison procedures to see how murky they are. They are dispensing with the requirement of exhaustion at all if there's been an internal investigation. M
Ms Bernard, can I just ask you to talk about the procedures? Um could you explain to me what they are?
Certainly, Your Honor. Um and I I'd like to begin with the Mate Grievance Commission because or I'm sorry, Office um formerly the Commission, which is the primary administrative remedy for an inmate with a use of force or other condition of confinement.
Could I start you off in the reverse order? Because the ARP seems to be the low level one and in the initial understandings of this case everybody was being told the ARP is where you file. And uh uh and you file there irrespective of whether there's an II investigation. Do you continue to take that view or do you think that that is no longer true?
Well, Your Honor, the um the view has been consistent throughout, and that is that the Mate Grievance Office is the primary remedy. The inmate grievance office can itself require
I really did ask you to start with the ARP. I'm trying to yes, Your Honor. Are you supposed to file with the ARP even when there is an II interpretation? Yes, Your
Honor. Yes you are.
Well why do uh all of these cases suggest that when that happens, the ARP throws out the case. on the view that there is an IIU investigation.
When this case arose in two thousand seven The um the w the warden was not required to dismiss it. And so um in some c in some of the cases that are um before the court, that is indeed what occurred. There's cases with three wardens where um a collection of cases where there was a dismissal. But uh
do you have any example anywhere of the ARP responding? and actually investigating and looking at the issue and making a recommendation or a ruling.
The um We don't have the paperwork. The the cases in petitioners lodging are all cases involving an IAU investigation where it the proceeded through the R pro the ARP process. In other words, there was a complaint.
where the prisoner files and the APR itself made a determination. Is there anything in the record? There's nothing in the
record like that, Your Honor. And and if if I might explain that this was not an issue in the district court, and so there was no evidence presented on either side on um
that point. Well you've lodged now quite a number of materials and we can talk about the materials that you've lodged. But uh now you know, b b both parties have lodged materials and nobody has come up with the case. in which the ARP has adjudicated a complaint when there was an IIU investigation going on, is that right?
That's true, Your Honor, and there's a four year retention policy for those records and This is this case arose in two thousand seven and so in the this this issue was not brought up until the respondents briefing in this court.
But at least it would show that there are papers staying saying as clearly as it could possibly say. You have filed an ARP. there is an II investigation. ARP dismissed. Couldn't be clear. So you say, Well, other cases went the other way, then it then it sounds like the as the the state is making inconsistent rulings, nobody knows what the law of Maryland really is. So there be those those letters say Unmistakably. Your cla complaint is dismissed because There is an IAU investigation. If they can. Just erase that, that's what they say.
Yes, sure. And the forms also say right on the front that your appeal rights are on the back.
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Chapters
8 chapters
1
What is the Prison Litigation Reform Act and why does the Court care about exhaustion of administrative remedies?
0:00–5:56
2
How does the Fourth Circuit’s “non‑textual exception” to PLRA exhaustion work and why is it controversial?
5:56–11:54
3
What are the three types of “unavailability” the parties argue exist in Maryland’s prison grievance system?
11:54–17:30
4
How do the parties define the term “available” under the PLRA and what statutory meaning do they rely on?
17:30–23:26
5
What procedural steps does Maryland’s Inmate Grievance Office (IGO) and Administrative Remedy Process (ARP) require, and why might they be confusing to inmates?
23:26–29:31
6
Why do the respondents argue that the ARP is still a proper remedy even when an internal investigation (IIU) is underway?
29:31–36:34
7
What are the arguments for remanding the case versus dismissing it as improvidently granted?
36:34–44:12
8
How might the Court’s decision on “availability” affect prison litigation nationwide?
44:12–51:43