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75-52,138. Certain civil actions filed by inmate; exhaustion of administrative remedies required. Any inmate in the custody of the secretary of corrections or in a county jail, prior to filing any civil action naming the state of Kansas, any political subdivision of the state of Kansas, any public official, the secretary of corrections, the warden, the sheriff, or an employee of the department of corrections or the county, while such employee is engaged in the performance of such employee's duty, as the defendant pursuant to the rules of civil procedure, shall have exhausted such inmate's administrative remedies, established by rules and regulations promulgated by the secretary of corrections or by county resolutions, concerning such civil action. Upon filing a petition in a civil action, such inmate shall file with such petition proof that the administrative remedies have been exhausted.

History: L. 1994, ch. 227, § 1; July 1.


1. Inmate injured at prison has satisfied requirement to exhaust administrative remedies prior to filing suit by filing claim with legislative joint committee on special claims against state. Bates v. Kansas Dept. of Corrections, 31 K.A.2d 513, 67 P.3d 168 (2003).

2. Inmate transferred to out-of-state prison required to exhaust administrative remedies on Kansas prison complaints. Lynn v. Simmons, 32 K.A.2d 974, 95 P.3d 99 (2003).

3. As petitioner's claims were without merit, issue of court's partiality is moot. Laubach v. Roberts, 32 K.A.2d 863, 90 P.3d 961 (2004).

4. Section's requirement to exhaust administrative remedies prior to filing lawsuit involving state claim does not apply to federal claims under 42 U.S.C. § 1983; however, federal act requires pleading and proving exhaustion of administrative remedies. Bloom v. Muckenthaler, 34 K.A.2d 603, 127 P.3d 342 (2005).

5. Prisoner failed to exhaust administrative remedies and timely file petition in district court. Litzinger v. Bruce, 41 K.A.2d 9, 201 P.3d 707 (2009).

6. Prisoner failed to exhaust his administrative remedies. Boyd v. Werholtz, 41 K.A.2d 15, 203 P.3d 1 (2009).

7. No jurisdiction to consider 1501 petition due to failure to exhaust administrative remedies. Corter v. Cline, 42 K.A.2d 721, 217 P.3d 991 (2009).

8. The failure of an inmate to exhaust all administrative remedies may be subject to certain defenses such as waiver, estoppel or equitable tolling, as such exhaustion requirement is a nonjurisdictional, statutory prerequisite to filing suit. Chelf v. State, 46 K.A.2d 522, 263 P.3d 852 (2011).

9. State law requires an inmate to exhaust administrative remedies prior to filing suit and file proof of such exhaustion in order to pursue state law claims. Sperry v. McKune, 305 K. 469, 483, 384 P.3d 1003 (2016).

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