Ghana v. Holland

Appellant Emory M. Ghana filed a Bivens action against the warden of the federal prison in which he was then housed claiming the warden had violated his First Amendment rights. The District Court dismissed the suit for failure to exhaust administrative remedies. This appeal requires us to decide whether the exhaustion requirement contained in S 803 of the Prison Litigation Reform Act ("PLRA") and codified at 42 U.S.C. S 1997e(a) applies to cases pending on the date of enactment of the statute.