No. 21-692

Sergeant Haystings, et al. v. Albert B. Korb

Lower Court: Third Circuit
Docketed: 2021-11-10
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-remedies civil-procedure civil-rights exhaustion-requirement federal-rules-of-civil-procedure judicial-procedure prison-litigation-reform-act standing supplemental-pleading
Latest Conference: 2022-02-18
Question Presented (from Petition)

When a prisoner violates the Prison Litigation Reform Act, 42 U.S.C. § 1997e et seq., by initiating litigation without first exhausting administrative remedies, can the prisoner escape that violation by filing a supplemental pleading under Federal Rule of Civil Procedure 15(d)?

Question Presented (AI Summary)

Whether a prisoner can cure a violation of the Prison Litigation Reform Act's mandatory pre-suit exhaustion requirement by filing a supplemental pleading under Federal Rule of Civil Procedure 15(d)

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-21
Reply of petitioners Sgt. Haystings, et al. filed.
2022-01-10
Brief of respondent Albert Korb in opposition filed.
2021-11-22
Motion to extend the time to file a response is granted in part and the time is extended to and including January 10, 2022.
2021-11-19
Motion to extend the time to file a response from December 10, 2021 to February 8, 2022, submitted to The Clerk.
2021-11-05
Petition for a writ of certiorari filed. (Response due December 10, 2021)

Attorneys

Albert Korb
Michael Hugh McGinleyDechert LLP, Respondent
Sgt. Haystings, et al.
Sean Andrew KirkpatrickOffice of the Attorney General of the Commonwealth, Petitioner