State Ex Rel. Hensley v. Endicott

¶ 1. This is a review of a published decision of the court of appeals, State ex rel. Hensley v. Endicott, 2000 WI App 189, 238 Wis. 2d 649, 618 N.W.2d 245, reversing an order of the Dane County Circuit Court, Steven D. Ebert, Judge. There are two issues. The first issue is whether there is a common law futility exception to the Prisoner Litigation Reform Act's (PLRA), codified at Wis. Stat. § 801.02(7)(b)(1997 — 98),1 statutory exhaustion requirement. We find that the statute is clear on its face in requiring prisoners to exhaust their administrative remedies prior to bringing an action in…