McCarthy v. Madigan/Opinion of the Court

by Harry Blackmun

Justice Blackmun delivered the opinion of the Court.

The issue in this case is whether a federal prisoner must resort to the internal grievance procedure promulgated by the Federal Bureau of Prisons before he may initiate a suit, pursuant to the authority of Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), solely for money damages. The Court of Appeals for the Tenth Circuit ruled that exhaustion of the grievance procedure was required. 914 F. 2d 1411 (1990). We granted certiorari to resolve a conflict among the Courts of Appeals.¹ 499 U.S. 974 (1991).

Notes

1 ↑ . Compare Hessbrook v. Lennon, 777 F.2d 999 (CA5 1985) (exhaustion required), and Brice v. Day, 604 F.2d 664 (CA10 1979) (same), cert. denied, 444 U.S. 1086 (1980), with Muhammad v. Carlson, 739 F.2d 122 (CA3 1984) (exhaustion not required), and Goar v. Civiletti, 688 F.2d 27 (CA6 1982) (same).