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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq., any other state law, 42 U.S.C. § 1983, or any other federal law until the incarcerated person has exhausted all available administrative remedies.
(b) As used in this section, “incarcerated person” means a person who:
(1) Has been convicted of an offense and is incarcerated for that offense; or
(2) Is being held in custody for trial or sentencing.
(c) This section does not apply to an action challenging the validity of a conviction or sentence, including without limitation the following actions:
(1) Direct appeal;
(2) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure;
(3) A petition for writ of error coram nobis; or
(4) A petition for writ of habeas corpus.
(d) When determining the issue of exhaustion of administrative remedies, including if a dismissal of an action is without prejudice, the court may look to state and federal court decisions that interpret the Prison Litigation Reform Act, 42 U.S.C. § 1997e.
Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-106-301. Exhaustion of administrative remedies required--Definition - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-106-301/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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