Booth v. Churner, 532 U.S. 731, 2 (2001)

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732

BOOTH v. CHURNER

Syllabus

trative [redress]" as is available; one "exhausts" processes, not forms of relief, and the statute provides that one must. Second, statutory history confirms the suggestion that Congress meant to require procedural exhaustion regardless of the fit between a prisoner's prayer for relief and the administrative remedies possible. Before § 1997e(a) was amended by the 1995 Act, a court had discretion (though no obligation) to require a state inmate to exhaust "such . . . remedies as are available," but only if they were "plain, speedy, and effective." That scheme is now a thing of the past, for the amendments eliminated both the discretion to dispense with administrative exhaustion and the condition that the remedy be "plain, speedy, and effective" before exhaustion could be required. The significance of deleting that condition is apparent in light of McCarthy v. Madigan, 503 U. S. 140. In holding that the preamended version of § 1997e(a) did not require exhaustion by those seeking only money damages when money was unavailable at the administrative level, id., at 149-151, the McCarthy Court reasoned in part that only a procedure able to provide money damages would be "effective" within the statute's meaning, id., at 150. It has to be significant that Congress removed the very term, "effective," the McCarthy Court had previously emphasized in reaching the result Booth now seeks, and the fair inference to be drawn is that Congress meant to preclude the McCarthy result. Congress's imposition of an obviously broader exhaustion requirement makes it highly implausible that it meant to give prisoners a strong inducement to skip the administrative process simply by limiting prayers for relief to money damages not offered through administrative grievance mechanisms. Pp. 736-741. 206 F. 3d 289, affirmed.

Souter, J., delivered the opinion for a unanimous Court.

Nancy Winkelman argued the cause for petitioner. With her on the briefs were Joseph T. Lukens and Ralph N. Sianni.

Gerald J. Pappert, First Deputy Attorney General of Pennsylvania, argued the cause for respondents. With him on the brief were D. Michael Fisher, Attorney General, John G. Knorr III, Chief Deputy Attorney General, and Gwendolyn T. Mosley and Calvin R. Koons, Senior Deputy Attorneys General.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. With him on

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