Browse Arkansas Code titles and sections
16-106-301. Exhaustion of administrative remedies required — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-106-301. Exhaustion of administrative remedies required — Definition.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-106-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-106-301
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9f824db4e3433b19a08ebe583b77db1bf6669d558fbd20f9f9ca7d54be42c3ae
Source location: content.xml paragraph 42476
Stored source content
16-106-301. Exhaustion of administrative remedies required — Definition.
(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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1983
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1983. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5236
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1983
(c) refuse to approve a lending institution or any
other lender as a beneficiary under any program admin-
istered by it which is affected by this order or revoke
such approval if previously given.
SEC. 303. In appropriate cases executive departments
and agencies shall refer to the Attorney General viola-
tions of any rules, regulations, or procedures issued or
adopted pursuant to this order, or violations of any
nondiscrimination provisions included in any agree-
ment or contract, for such civil or criminal action as
he may deem appropriate. The Attorney General is au-
thorized to furnish legal advice concerning this order
to the Committee and to any department or agency re-
questing such advice.
SEC. 304. Any executive department or agency af-
fected by this order may also invoke the sanctions pro-
vided in Section 302 where any person or firm, includ-
ing a lender, has violated the rules, regulations, or pro-
cedures issued or adopted pursuant to this order, or the
nondiscrimination provisions included in any agree-
ment or contract, with respect to any program affected
by this order administered by any other executive de-
partment or agency.
PART IV—ESTABLISHMENT OF THE PRESIDENT’S
COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING
[Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R.
2939.]
PART V—POWERS AND DUTIES OF THE PRESIDENT’S
COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING
SEC. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46
F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R.
2939.]
SEC. 502. (a) The Committee shall take such steps as
it deems necessary and appropriate to promote the co-
ordination of the activities of depa
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1983
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1983. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of administrative remedies** No action shall be brought with respect to prison conditions under [section 1983 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.
**(b) Failure of State to adopt or adhere to administrative grievance procedure** The failure of a State to adopt or adhere to an administrative grievance procedure shall not constitute the basis for an action under section 1997a or 1997c of this title.
**(c) Dismissal**
(1) The court shall on its own motion or on the motion of a party dismiss any action brought with respect to prison conditions under [section 1983 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief.
(2) In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.
**(d) Attorney’s fees**
(1) In any action brought by a prisoner who is confined to any jail, prison, or other correctional facility, in which attorney’s fees are authorized under section 1988 11 See References in Text note below.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1997e
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1997e. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5246
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1997d
1 See References in Text note below.
(b) Certification requirements by Attorney Gen-
eral
(1) The Attorney General shall certify to the
court in the motion to intervene filed under sub-
section (a)—
(A) that the Attorney General has notified
in writing, at least fifteen days previously, the
Governor or chief executive officer, attorney
general or chief legal officer of the appropriate
State or political subdivision, and the director
of the institution of—
(i) the alleged conditions which deprive
rights, privileges, or immunities secured or
protected by the Constitution or laws of the
United States and the alleged pattern or
practice of resistance to the full enjoyment
of such rights, privileges, or immunities;
(ii) the supporting facts giving rise to the
alleged conditions, including the dates and
time period during which the alleged condi-
tions and pattern or practice of resistance
occurred; and
(iii) to the extent feasible and consistent
with the interests of other plaintiffs, the
minimum measures which the Attorney
General believes may remedy the alleged
conditions and the alleged pattern or prac-
tice of resistance; and
(B) that the Attorney General believes that
such intervention by the United States is of
general public importance and will materially
further the vindication of rights, privileges, or
immunities secured or protected by the Con-
stitution or laws of the United States.
(2) The Attorney General shall personally sign
any certification made pursuant to this section.
(c) Attorney General to personally sign motion to
intervene
The Attorney General shall personally sign
any motion to intervene made pursuant to this
section.
(d) Discretionary award of attorney fees; o
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1997e
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1997e. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-101. Title.
This subchapter shall be referred to as the “Arkansas Civil Rights Act of 1993”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-101. This identifies an authority to review, not proof of applicability.