United States Fourth Circuit

The Prison Litigation Reform Act does not require a prisoner to allege that he has exhausted his administrative remedies, and, consequently, a district court may not dismiss a complaint that fails to allege exhaustion.

Appellate Information

• Decided 05/17/2005
• Published 05/17/2005

Judges

• Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jeffrey Bromme, Arnold & Porter, L.L.P., Washington, D.C., for Appellant.  Joel Christopher Hoppe, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.   ON BRIEF:Elizabeth A. High, Arnold & Porter, L.L.P., Washington, D.C., for Appellant.  Jerry W. Kilgore, Attorney General of Virginia, Richard L. Savage, III, Deputy Attorney General, Richmond, Virginia, for Appellees Ronald J. Angelone, D.A. Garraghty, and M.C. Millard.