On April 3, 2014, in Albino v. Baca, the U.S. Court of Appeals for the Ninth Circuit held that when a prisoner plaintiff has not been informed of a prison administrative remedy, that remedy is effectively unavailable to the prisoner for the purposes of the exhaustion requirement of the Prison Litigation Reform Act (PLRA). This decision conflicts with what a majority of other circuits have established and widens the gap between those circuits on this issue. This Comment argues for the U.S. Supreme Court to resolve this circuit split in a future case and hold that to fail to give a prisoner notice of an administrative remedy is to make that remedy effectively unavailable.
Ethan Rubin, Unknowable Remedies: Albino v. Baca, The PLRA Exhaustion Requirement, and the Problem of Notice, 56 B.C.L. Rev. E. Supp. 151 (2015), http://lawdigitalcommons.bc.edu/bclr/vol56/iss6/12