District of Columbia Code Division IV. Criminal Law and Procedure and Prisoners. § 24-211. Private right of action.

(1) No action shall be brought under this section until such administrative remedies as are available are exhausted;

(2) If an incarcerated individual is not provided timely access to the necessary resources, including access to any requested grievance form, writing utensils, and access to the Inmate Grievance Procedure mailbox, to make use of the grievance process outlined in paragraph (1) of this subsection, the administrative remedy process outlined by paragraph (1) of this subsection shall be deemed unavailable;  and

(3) In an action under this section, an incarcerated individual's sworn statement including facts that if true would be sufficient to show the individual had either completed the grievance process or that the grievance process was unavailable to the individual, shall create a rebuttable presumption that can only be overcome by clear and convincing evidence that the grievance process was completed or unavailable.