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The BOP procedure that adults in custody must follow to seek a remedy for their grievances is outlined in this policy. Only after these steps have been exhausted, with no relief, can a complaint be brought to court. Read our “Hot Topics” comment to learn more about why the remedy system does not offer relief to most AICs with legitimate complaints
In general, we advise clients to avoid filing administrative remedies if they can, because many BOP decisions are discretionary and grievances foster animosity between AICs and the prison administration. In addition, BOP authorities at higher levels go out of their way to support decisions made at lower levels. The only time when we encourage remedies is for situations in which BOP personnel clearly violate agency policy. In those instances, there is a better chance of a successful resolution because the agency does not want a documented record of violations or to be overruled by a higher authority. When AICs do file grievances, we advise them to be as polite and non-adversarial as possible. Always remember the saying, “You may win the battle yet lose the war!” [Also note that “sensitive” BP-10s (filed directly with the regional level for a prison-level complaint) are never accepted unless they involve a life-threatening issue.] For assistance in filing grievances, consider contacting The Remedy Project.
If the counselor is not available or refuses to provide a remedy form, AICs should go up the chain of command, starting with the case manager (who can be found daily on mainline). It’s critical to make sure a receipt is received for each BP filed, both to document that it was submitted and when a reply is due. (If a receipt is not received within a couple of business days, it should be requested from the legal department.) It’s also important to know that if an AIC does not receive a response to a BP-8, 9, 10 or 11 within the required timeframe (plus any extension requested), it should be considered a denial and he or she can proceed to the next step.
One key aspect of the process of which many AICs (and staff) are unaware is that the BOP has ruled that they do not have to start with an informal resolution (BP-8) if the action being challenged was made at a level higher than an individual facility. Unfortunately, the BOP failed to include this rule change when the policy was updated in 2014.
For instance, if the DC Central Office denied a non-formulary medication requested by prison staff, the AIC can file immediately with the Central Office (BP-11).
A more common and recent scenario is the miscalculation of First Step Act credits and/or the failure to place eligible AICs in a community halfway house (residential reentry center) due to lack of bed space. If prison staff submits an an individual for halfway house placement, which is then reduced by the residential re-entry manager (RRM) for this or another reason, the AIC can file directly with the central office (BP-11), since RRMs are no longer under the authority of the Regional Office. A streamlined filing is particularly crucial in this latter scenario due to the limited time available prior to the ensuing release date.
The same is true for computation-related issues, since the Designation and Sentencing Computation Center (DSCC) also reports to the central office.
Note that both AICs and the public can make an appointment to access a prison’s index of the administrative remedies filed and their resolution.
Also be aware that remedy case files are destroyed three years after closing.
When individuals in custody experience a violation of their constitutional rights (involving either personal injury or property loss/damage), they may file a tort claim in court.
This guide walks individuals through the process of filing both constitutional and tort claims.