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McCARTHY v. MADIGAN

No. 90-6861.

503 U.S. 140 (1992)

McCARTHY v. MADIGAN et al.

United States Supreme Court.

Decided March 4, 1992.

Attorney(s) appearing for the Case

Paul M. Smith argued the cause and filed briefs for petitioner.

Deputy Solicitor General Mahoney argued the cause for respondents. With her on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Amy L. Wax, Victor D. Stone, and William D. Braun.

Blackmun, J., delivered the opinion of the Court, in which White, Stevens, O'Connor, Kennedy, and Souter, JJ., joined. Rehnquist, C. J., filed an opinion concurring in the judgment, in which Scalia and Thomas, JJ., joined, p. 156.

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...

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