No. 24-743

Neil Dupree v. Kevin Younger

Lower Court: Fourth Circuit
Docketed: 2025-01-14
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: administrative-remedies exhaustion-requirement inmate-grievance-office internal-investigative-unit prison-litigation-reform-act ross-v-blake
Key Terms:
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether a grievance procedure that prisoners regularly have been able to use to have their claims adjudicated on the merits is 'available' for that reason

Question Presented (OCR Extract)

Under t he Prison Litigation Reform Act of 1995 (PLRA) , prisoners cannot sue officials unless they have exhaust ed “such administrative remedies as are available .” 42 U.S.C. § 1997e(a). In Ross v. Blake , 578 U.S. 632 (2016), this Court held that a remedy is “available” under the PLRA so long as it is “capable of use” to obtain “some relief for the action complained of.” Id. at 642. This case involved an attack on multiple prisoners that triggered an Internal Investigative Unit (IIU) investigation. Under Maryland law, prisoners can obtain a remedy from the Inmate Grievance Office (IGO) during an IIU investigation by first seeking relief from the warden, then seeking relief from the IGO. Prisoners routinely have their complaints adjudicated on the merits using this procedure, including another prisoner who was a vic tim of the same attack at issue in this case. The question presented is: Whether a grievance procedure that prisoners regularly have been able to use to have their claims adjudicated on the merits is “available” for that reason. (ii)

Docket Entries

2025-02-24
Petition DENIED.
2025-02-13
Amicus brief of State of Maryland submitted.
2025-02-13
2025-01-22
DISTRIBUTED for Conference of 2/21/2025.
2025-01-21
Waiver of right of respondent Kevin Younger to respond filed.
2025-01-09
Petition for a writ of certiorari filed. (Response due February 13, 2025)
2024-09-03
Application (24A220) granted by The Chief Justice extending the time to file until January 9, 2025.
2024-08-27
Application (24A220) to extend the time to file a petition for a writ of certiorari from November 10, 2024 to January 9, 2025, submitted to The Chief Justice.

Attorneys

Kevin Younger
Allen Eisner HonickFurman Honick Law, Respondent
Neil Dupree
Brian Mark WilliamsArnold & Porter Kaye Scholer LLP, Petitioner
State of Maryland
Julia Doyle — Amicus