No. 19-867

Wexford Health, et al. v. Kareem Garrett

Lower Court: Third Circuit
Docketed: 2020-01-10
Status: Denied
Type: Paid
Amici (1)Relisted (4)
Tags: administrative-remedies amended-complaint circuit-split exhaustion-requirement judicial-exception prison-litigation-reform-act prisoner-rights prisoner-status procedural-dismissal
Key Terms:
SocialSecurity
Latest Conference: 2020-05-15 (distributed 4 times)
Question Presented (from Petition)

If a prisoner fails to exhaust administrative remedies before filing a lawsuit, does Section 1997e(a) mandate dismissal of the unexhausted claims, or may the prisoner cure his failure to exhaust by filing an amended complaint after his release from prison?

Question Presented (AI Summary)

Whether Section 1997e(a) of the Prison Litigation Reform Act mandates dismissal of unexhausted claims or allows a prisoner to cure failure to exhaust by filing an amended complaint after release from prison

Docket Entries

2020-05-18
Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-867_hgcj.pdf'>Opinion</a>)
2020-05-11
DISTRIBUTED for Conference of 5/15/2020.
2020-04-27
DISTRIBUTED for Conference of 5/1/2020.
2020-04-20
DISTRIBUTED for Conference of 4/24/2020.
2020-04-15
Rescheduled.
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-20
Reply of petitioners Shella A. Khatri, M.D., et al. filed.
2020-03-11
Brief of respondent Kareem Garrett in opposition filed.
2020-02-10
Brief of respondent Debra Younkin, et al. in support filed.
2020-02-07
Brief amici curiae of Texas Association of Counties, National Sheriffs' Association, and Western States Sheriffs' Association filed.
2020-01-16
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2020.
2020-01-14
Motion to extend the time to file a response from February 10, 2020 to March 11, 2020, submitted to The Clerk.
2020-01-08
Petition for a writ of certiorari filed. (Response due February 10, 2020)
2019-11-18
Application (19A552) to extend the time to file a petition for a writ of certiorari from December 9, 2019 to February 7, 2020, submitted to Justice Alito.
2019-11-18
Application (19A552) granted by Justice Alito extending the time to file until January 8, 2020.

Attorneys

Debra Younkin, et al.
Sean Andrew KirkpatrickOffice of the Attorney General of the Commonwealth of Pennsylvania, Respondent
Kareem Garrett
Michael Hugh McGinleyDechert LLP, Respondent
Shella A. Khatri, M.D., et al.
Michael James BentleyBradley Arant Boult Cummings LLP, Petitioner
Texas Association of Counties, National Sheriffs' Association, and Western States Sheriffs' Association
Gregory Todd ButlerPhelps Dunbar LLP, Amicus