Legal Opinion
Dr. Emory M. Ghana v. J. T. Holland
Court of Appeals for the Third Circuit
Decided August 29, 2000No. 97-7043PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
Appellant Emory M. Ghana filed a Bivens action against the warden of the federal prison in which he was then housed claiming the warden had violated his First Amendment rights. The District Court dismissed the suit for failure to exhaust administrative remedies. This appeal requires us to decide whether the exhaustion requirement contained in § 803 of the Prison Litigation Reform Act (“PLRA”) and codified at 42 U.S.C. § 1997e(a) applies to cases pending on the date of enactment of the statute.
I
FACTS AND PROCEDURE
Ghana was convicted of murder in New…
2Cases cited32 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Lindh v. MurphySupreme Court of the United States · 1997
- McCarthy v. MadiganSupreme Court of the United States · 1992
- Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
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3Cited by52 opinions
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- Debro S. Abdul-Akbar v. Roderick R. MckelvieCourt of Appeals for the Third Circuit · 2001
- Smith v. MensingerCourt of Appeals for the Third Circuit · 2002
- Smith v. MensingerCourt of Appeals for the Third Circuit · 2002
- United States v. Leonard A. Pelullo, United States of America v. Leonard A. PelulloCourt of Appeals for the Third Circuit · 2005
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