The document summarizes the Prison Litigation Reform Act (PLRA) and the grievance process for Pennsylvania state prisons. The PLRA introduced several restrictions on prisoner lawsuits, including requiring exhaustion of administrative remedies, limiting compensatory damages to cases involving physical injury, and imposing filing restrictions on prisoners with multiple dismissed lawsuits. The Pennsylvania DOC grievance process requires prisoners to file grievances within 15 days of an issue, submit them to the Facility Grievance Coordinator, and receive a response within 15 days. Appeals can be made to the Facility Manager and then to the Secretary's Office of Inmate Grievances and Appeals. Proper exhaustion of this grievance process is necessary to preserve legal claims regarding

1. Preserving Your Claim Under
the Prison Litigation Reform Act
(PLRA)
Portions of this pamphlet are derived from American Civil Liberties Union, Know Your Rights:
The Prison Litigation Reform Act (PLRA), http://www.aclu.org/images/asset_upload_
file79_25805.pdf (last viewed Mar. 31, 2011); Sarah Ricks & Ellen Tennenbaum, Current
Issues in Constitutional Litigation: A Context and Practice Casebook (2011); Policy
Statement, Pennsylvania Department of Corrections, Inmate Grievance System, Policy No. DC-
ADM 804, Dec. 1, 2010 (Effective Dec. 8, 2010).
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2. Purpose of This Pamphlet
This pamphlet is intended to provide some background
information on the PLRA and also explain how the law impacts
court claims filed while in jail or prison. Additionally, this
pamphlet will explain how to properly follow the grievance
process employed by the Pennsylvania Department of
Corrections, in order to help protect any claims you may bring
relating to prison conditions from being dismissed for failure to
exhaust administrative remedies. Even for claims that are not
affected by the exhaustion requirement, this pamphlet should
serve as a helpful tool for correctly filing grievances.
PLRA Background
- Passed in 1996.
- Arose out of a concern that too many frivolous lawsuits
were being filed by prisoners.
- Creates several roadblocks to filing a claim in federal court,
and limits the types of claims that can be successful.
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3. Main Parts of the PLRA
Exhaustion Requirement
(42 U.S.C. § 1997e(a))
The PLRA requires that all “administrative remedies” be
exhausted before a claim based on prison conditions is filed in
court, and mandates dismissal for claims that do not meet this
requirement. This requirement is normally fulfilled by using the
prison’s grievance process. However, the process must be
followed to the letter.
Evan a small deviance from the established procedure can cause a
court to dismiss your claim. For example, in Keys v. Craig,1 the
Third Circuit Court of Appeals dismissed a Pennsylvania inmate’s
retaliation claim because he failed to attach all of the documents
required for a final appeal in his appeal to the Secretary’s Office of
Inmate Grievances and Appeals (SOIGA). The court found that
the inmate’s decision to forward the documents, which had been
delayed, to the Department of Corrections Secretary was
insufficient, since PA DOC procedures mandate that final appeals
be sent to the SOIGA. Therefore, the claim was thrown out
without even considering its merits.
You may be able to be excused from this requirement if you can
show that it was impossible for you to follow the grievance
process, but proving this is very difficult.
1
160 Fed. Appx. 125, 126 (3d Cir. 2005).
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4. Three Strikes Provision
(28 U.S.C. § 1915(g))
Under normal circumstances, you may bring a federal claim in
forma pauperis, meaning that you may file a suit without prepaying a
filing fee if you can show that you cannot afford the fee.
However, if you have three cases dismissed while incarcerated as
“frivolous,” “malicious,” or even if you simply “fail[] to state a
claim upon which relief may be granted,” any claim after the first
three is not eligible for in forma pauperis filing unless you can show
that you are “under imminent danger of serious injury.”
Physical Injury Requirement
(42 U.S.C. § 1997e(e))
In order to receive compensatory damages under the PLRA, you
must show physical injury. Thus, if you have suffered mental or
emotional injury without physical injury, you are not eligible for
compensatory damages under the PLRA. Additionally, courts
have discretion to decide whether or not a physical injury that has
actually been suffered is sufficient to state a claim, or if it is de
minimis, or minimal, and therefore not enough to state a claim.2
2
Some examples of harm that have and have not met the standard are included here,
but note that courts have a great deal of discretion in deciding if the harm you suffered
was a physical injury. Injuries that have met the standard include headaches, cramps,
nosebleeds and dizziness that were caused where an inmate was not given blood
pressure medication (Munn v. Toney, 433 F.3d 1087, 1089 (8th Cir. 2006)) and “an upset
stomach and a serious case of diarrhea” caused by food tampering (Bond v. Rhodes, No.
2:05CV241, 2006 WL 1617892, at *3 (W.D. Pa. June 8, 2006)). On the other hand, courts
have found no physical injury with ailments such as migraine headaches (Osterback v.
Ingram, No. 3:96CV580/LAC/SMN, 2000 WL 297840, at *10 (N.D. Fla. Jan. 12, 2000)), a
loss of between 20 and 30 pounds (Ghashiyah v. Wis. Dept. of Corr., No. 01‐C‐10, 2006
WL 2845701, at *11 (E.D. Wis. Sept. 29, 2006), and symptoms caused by food poisoning
(Watkins v. Trinity Serv. Grp., Inc., No. 8:05‐cv‐1142‐T‐24MSS, 2006 WL 3408176, at *4
(M.D. Fla. Nov. 27, 2006)).
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5. However, there are still some types of relief you can get without
physical injury. In some circumstances you may be eligible for
nominal relief (where the court says you were wronged and
awards you $1) or declaratory or injunctive relief (where the court
orders the prison to stop the practice which is the subject of your
complaint). Also, in very rare cases of extreme conduct by the
prison, the prison may face punitive damages, where it is punished
for its conduct but you are not compensated for the specific harm
you suffered.
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6. How to Exhaust Your Administrative
Remedies in a Pennsylvania State Prison: The
Pennsylvania Department of Corrections
Grievance Process
Note: This summary is based on the DOC’s Policy
Statement on Policy Number DC-ADM 804: Inmate
Grievance System. Please consult that policy statement for a
more detailed explanation of the procedures. It can be found
at:
http://www.portal.state.pa.us/portal/server.pt/document
/919465/804_inmate_grievances_pdf
Part I – General Guidelines
1. A formal grievance must be filed within 15 working days of the
event complained of. If an extension is needed, you must notify
the Facility Grievance Coordinator of the reason for the delay. An
extension may be granted if the delay was caused by:
a. A temporary or permanent transfer from the facility
where the grievance should have been filed
b. Authorized Temporary Absence (ATA) for an
extended period
c. Another delay with mail delivery
2. Each facility has additional procedures in place to help illiterate
and non-English speaking inmates submit grievances. Ask a staff
member at your facility for information regarding these
procedures.
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7. 3. If your grievance has to do with discipline procedures, you
must file an appeal as described in policy DC-ADM 801, “Inmate
Discipline.” Similarly, a grievance related to the administrative
custody process must be addressed through the procedures in
DC-ADM 802, “Administrative Custody Procedures.”
4. You may only file a grievance on your own behalf. Therefore,
you cannot file a grievance for someone else, and you cannot file a
grievance as part of a group.
5. Grievances regarding separate events should be filed separately,
unless you need to combine the issues to support your full claim.
6. You may not bring a grievance which presents an issue that has
already been addressed in a previous grievance.
7. PA DOC policy explicitly prohibits any type of retaliation
against you for good faith use of the grievance system.
8. You may not file a grievance after parole or release from
incarceration. However, grievance issues regarding parole may be
filed.
9. If you are transferred to a facility that is not part of the
Pennsylvania state prison system, you must use that facility’s
grievance process for any grievances which arise at that facility.
10. You may withdraw your grievance at any time by using and
signing the Inmate Grievance Withdrawal Form. However, if you
choose to withdraw a grievance, you cannot later choose to refile
it, or appeal any decision that has already been made on the
grievance.
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8. 11. If you file five grievances within 30 days which are determined
to be frivolous, you may be placed on grievance restriction for up
to 90 days.
Part II – Initial Grievance Filing
1. Before filing a formal grievance, you are strongly encouraged to
express concerns directly to prison staff either verbally, or in
writing using form DC-135A – Inmate Request to Staff Member.
Staff members are expected to attempt to resolve non-frivolous
concerns expressed to them. Although this step is not mandatory,
the formal grievance form has space for you to state that you first
tried to resolve your complaint informally.
2. A formal grievance should be filed using form DC-804, Part 1,
and submitted to the Facility Grievance Coordinator at the facility
where the event forming the basis of your complaint occurred.
3. Your grievance must include the following:
a. Any attempt at informal resolution of the grievance,
which should be noted in Section B of the form.
b. A statement of facts which must be legible,
understandable, and presented in a courteous manner. The
statement of facts may not be more than two pages long
(space provided on the DC-804, Part 1 form and one one-
sided 8 ½” x 11” page of “writing paper”), and may be
written or typed.
c. Any claims you wish to make regarding violations of
DOC directives, regulations, court orders, or other law.
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9. d. Any specific relief you seek, including
compensation or legal relief normally available from a
court.
e. If your grievance concerns a publication denial, you must
include a copy of the Inmate Publication Review
Committee Denial Form.
f. A grievance related to a claim of missing property must
include documentation proving rightful possession of the
property in question. This may include form DC-153A, a
Personal Property Inventory Sheet, Confiscated Items
Receipt, or a Commissary/Outside Purchase Form.
g. Any other documents which you believe support your
grievance.
NOTE: Any documents attached in support of a
grievance (or grievance appeal) will not be returned to
you, so make copies of anything you submit.
4. The Facility Grievance Coordinator (FGC) will review your
grievance and decide if the grievance will be accepted for review.
If so, only the pink copy will be returned to you. If your grievance
is rejected, the entire grievance packet will be returned to you
along with any exhibits.
Part III – Initial Grievance Review
1. Upon receipt of your grievance, the FGC will assign your
grievance a tracking number in the Automated Inmate Grievance
Tracking System.
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10. 2. The FGC will make sure that your grievance complies with the
procedures manual. If so, the FGC will assign the grievance to a
staff member who will serve as the Grievance Officer. If not, the
grievance will be returned to you with a Grievance Rejection
Form explaining why your grievance was rejected. If you choose
to resubmit the grievance, you must do so within five working
days of the rejection notice date.
3. The Grievance Officer will provide you with a written response
(approved by the FGC) within 15 working days from the date that
your grievance was entered into the Automated Inmate Grievance
System. In some circumstances, the Grievance Officer may be
granted an extension of up to 10 working days to respond to you.
NOTE: If your grievance deals with allegations of abuse, it is
handled in accordance with the “Inmate Abuse Allegation
Monitoring Process,” DC-AMD 001, which provides the officer
reviewing the grievance 30 days to respond your grievance in
order to conduct an investigation.
Part IV – Appeals to the Facility Manager (First Appeal)
1. If you want to appeal the Initial Review Response/Rejection,
you must make an appeal to the Facility Manager in writing within
15 working days of the date of the Initial Review
Response/Rejection or notice of grievance restriction. You must
receive an initial response to your grievance before you appeal. If
an extension is needed, you must notify the Facility Manager of
the reason for the delay. An extension may be granted if the delay
was caused by:
a. A temporary or permanent transfer from the facility
where the grievance should have been filed.
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11. b. Authorized Temporary Absence (ATA) for an
extended period.
c. Another delay with mail delivery.
Note: If you are transferred at any time during the appeals
process, notify the Facility Manager for the facility where you filed
your grievance.
2. You may only appeal the following:
a. The issue you raised in your grievance
b. A determination that your grievance was frivolous
c. Rejection of your grievance
d. Placement on grievance restriction
Note: You must appeal the issue you raised in your grievance and
a determination of frivolousness at the same time, if you need to
appeal both.
3. If your case involves personal property, publication, or
photograph denial, you must notify the Facility Manager or
Facility Grievance Coordinator to keep the property, publication
or photograph until your appeal is complete.
3. Your appeal must include the following:
a. Text which is legible, understandable, and presented in
a courteous manner.
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12. b. The top of the document should be clearly labeled to
show that it is an appeal, and should include the grievance
number, if you are appealing an initial response/rejection.
Your appeal must be sure to clearly identify the response or
rejection and explain why you are appealing. If you are also
appealing a determination of frivolousness or grievance
restriction, you must make that clear as well.
c. A statement of facts, which contains reasons for the
appeal and is handwritten or typed on “writing paper” (two
one-sided or one double-sided 8 ½” x 11” page). This may
also be submitted on the Appeal to the Facility Manager
Form.
4. If the Facility Manager determines that your appeal is correctly
prepared, the date your appeal was received will be entered into
the Automated Inmate Grievance Tracking System. The Facility
Manager will inform you of the decision on your appeal within 15
working days of receiving it. You will receive one of the following
responses: Uphold Response (FGC’s decision), Uphold Inmate,
Dismiss, Dismiss Untimely, or Uphold in Part/Deny in Part. The
response will also contain a brief explanation of the reasons for
the decision. The date of the decision will be entered in the
Automated Inmate Grievance Tracking System.
Note: Instead of issuing a decision, the Facility Manager can
remand your grievance to the FGC, who will have 15 working
days to respond to you. You may appeal the FGC’s new decision
using the same procedures as your initial appeal. However, you
may not appeal the Facility Manager’s decision to remand your
grievance.
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13. Part V – Appeal to the Secretary’s Office of Inmate
Grievances and Appeals (SOIGA) – Final Appeal
Note: There are separate procedures for appealing the denial of a
publication or photograph, and for appealing expulsion from the
State Intermediate Punishment program. For information
regarding these procedures, consult DC-ADM 804, “Inmate
Grievance System Procedures Manual, Section 2 – Appeals.”
1. After you have received the Facility Manager’s decision
regarding your appeal (other than a remand), you have 15 working
days to file an Inmate Appeal to Final Review (which may only
appeal issues you appealed to the Facility Manager). If an
extension is needed, you must notify the SOIGA of the reason for
the delay. An extension may be granted if the delay was caused by:
a. A temporary or permanent transfer from the facility
where the grievance should have been filed
b. Authorized Temporary Absence (ATA) for an
extended period
c. Another delay with mail delivery
2. Your appeal must include the following:
a. Text which is legible, understandable, and presented in
a courteous manner.
b. A statement of facts, which contains reasons for the
appeal and is handwritten or typed on “writing paper” (two
one-sided or one double-sided 8 ½” x 11” page). This may
also be submitted on the Appeal to Final Review Form (or
the Appeal to the Secretary’s Office of Inmate Grievance
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14. Appeals, if your facility has not yet started using the Appeal
to Final Review Form).
c. All required documentation relevant to the appeal,
including photocopies of the Initial Grievance, Initial
Review Response/Rejection, the Inmate Appeal to the
Facility Manager, the Facility Manager’s decision, and a
written appeal to SOIGA.
NOTE: Any documentation you provide will not be
returned, so be sure to make copies instead of sending
original documents.
d. If appealing a grievance restriction, you must also include
photocopies of the written notice of the restriction from
the Facility Grievance Coordinator, the appeal of the
restriction to the Facility Manager, the Facility Manager’s
response, and an appeal to the SOIGA. Like the other
appeals documents, any documentation you provide will
not be returned.
NOTE: If you are indigent, as defined in DC-ADM 803,
“Inmate Mail and Incoming Publications,” you may receive
up to $10 for the cost of copies and legal postage. A non-
indigent inmate will be charged for these services.
3. Your appeal must be addressed to:
Chief, Secretary’s Office of Inmate Grievances and Appeals
Department of Corrections
2520 Lisburn Road, P.O. Box 598
Camp Hill, PA 17001-0598
4. The SOIGA will respond to your appeal within 30 working
days of receiving it, although extensions may be allowed.
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15. 5. After completing final review, the SOIGA will respond directly
to you. If you are released or paroled, you must provide a
forwarding address to SOIGA, which SOIGA will forward the
response to. If you do not provide an address, SOIGA will send
its response to your last address of record.
6. SOIGA will give one of the following responses to your appeal:
Uphold Response, Uphold Inmate, Dismiss, Dismiss Untimely, or
Uphold in Part/Deny in Part.
Note: Instead of issuing a decision, the SOIGA can remand your
grievance to the Facility Manager, who will have 15 working days
to respond to you. You may appeal the Facility Manager’s new
decision using the same procedures as your first final appeal.
However, you may not appeal the SOIGA’s decision to remand
your grievance.
7. If you disagree with the final decision of the SOIGA, you will
have exhausted your administrative remedies under the PLRA and
may file a claim in court.
NOTE: If you have personal property, publications, or
photographs being held in connection with your grievance, you
must notify the Facility Grievance Coordinator in writing with
your signature that you plan to file a court action related to the
property within 20 working days of the final SOIGA decision.
Failure to do so will result in the property being destroyed.
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16. Conclusion
If you follow the procedures described in this pamphlet,
you should be able to have a court address the merits of your
case, should you choose to file a claim. However, remember that
the purpose of requiring you to go through this process is to give
the prison an opportunity to address your grievance without
making you file a lawsuit. It you are considering filing a lawsuit, be
sure to visit your prison’s law library and learn more about what
type of harm you must suffer under the PLRA in order to succeed
in court. Because of the three strikes rule, it is important to be
sure that your claim is strong enough to have a chance of winning.
Furthermore, when you file a new claim, judges have the ability to
check and see if you have filed any claims previously. If you have
had other claims dismissed, especially if they were dismissed for
being frivolous, the judge may be skeptical of your new claim.
Therefore, before filing a claim, be sure to get an idea of your
chances of success.
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