Data Sources & Citations

The Data Liberation Project's published analysis of the BOP FOIA dataset, including methodology, data cleaning decisions, and summary statistics. The 2.6% figure is derived from this analysis.

The federal regulation governing the BOP administrative remedy process. This regulation establishes the four-step process (informal resolution, BP-9, BP-10, BP-11), the deadlines at each step, the response timeframes, and the procedures for submitting and appealing grievances.

The BOP's internal policy statement implementing 28 CFR Part 542. This document provides additional detail on how the BOP applies the regulation, including specific procedures for informal resolution, the role of unit counselors, and the handling of sensitive issues.

The federal statute that requires prisoners to exhaust available administrative remedies before filing a federal civil rights lawsuit. Section 1997e(a) provides: 'No action shall be brought with respect to prison conditions under section 1983 of this title, 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.'

The primary federal statute under which prisoners bring civil rights claims against state prison officials. Section 1983 provides a cause of action for deprivation of constitutional rights under color of state law.

The Supreme Court held that failure to exhaust administrative remedies under the PLRA is an affirmative defense that defendants must raise and prove, not a pleading requirement that prisoners must affirmatively allege. The Court also held that prisoners need only exhaust remedies that are 'available' to them.

The Supreme Court held that the PLRA requires 'proper exhaustion' — meaning a prisoner must comply with the prison's procedural rules, including deadlines and procedural requirements. Filing a grievance that is rejected for procedural defects does not satisfy the exhaustion requirement.

The Supreme Court held that the PLRA's exhaustion requirement only applies to remedies that are 'available' to the prisoner. A remedy is unavailable if it operates as a 'simple dead end,' is so opaque that no ordinary prisoner could navigate it, or if prison officials thwart the prisoner's ability to use it through misrepresentation or interference.

Claim: "2.6% favorable outcome rate"

This figure is derived from the BOP administrative remedy FOIA dataset published by the Data Liberation Project. It represents the percentage of BP-9, BP-10, and BP-11 filings that received a response coded as 'Granted' or 'Partially Granted' by the BOP. Filings coded as 'Denied,' 'Rejected,' 'Withdrawn,' or 'Closed' are not counted as favorable outcomes. The dataset covers filings from 2000 through approximately 2022.

Claim: "38× higher chance of a court-valid filing"

This figure is a mathematical derivation, not an independently measured statistic. It is calculated as: 100% (our goal of procedural completeness) ÷ 2.6% (BOP favorable outcome rate without help) ≈ 38.5. It represents the difference between our procedural completeness goal and the baseline BOP grant rate. It does not represent a measured comparison of outcomes between our clients and unrepresented filers. Individual results vary.

Claim: "60+ years combined BOP experience"

This figure represents the sum of years of direct BOP-related experience across our team members, including time served as BOP administrative staff and time spent as incarcerated individuals navigating the BOP system. It is not a claim of licensed legal experience.