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U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA
Loaded on May 15, 2007
by John Dannenberg
published in Prison Legal News
May, 2007, page 36
Filed under:
CMS,
Work,
Inability to Work,
Injury -- Misc.,
Failure to Treat,
Transportation,
Administrative Exhaustion (PLRA).
Location:
Michigan.
by John E. Dannenberg
A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether he properly exhausted administrative remedies before filing suit is an affirmative defense; the prisoner does not …
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More from this issue:
- Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care, by David Reutter
- Michigan's Prison Health Care System Found Contemptuous, by David Reutter
- Michigan's In-Cell Restraints Considered Torture; Injunction Issued, by David Reutter
- California Creates High Risk Sex Offender Task Force
- From the Editor, by Paul Wright
- Florida's Prison Industry Practices Tightening, by David Reutter
- PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members, by David Reutter
- Nevada Prisoner Awarded $18,700 For Retaliation Claim
- Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined
- New BOP Program Isolating Muslim, Middle Eastern Prisoners
- ABA Recommends Congress Repeal Portions of PLRA, by David Reutter
- Doing “Katrina Time”, by Bob Williams
- Habeas Hints: Retroactivity-Cunningham and Beyond, by Kent A. Russell
- Fraudulent Tax Returns Net Illegal Millions for Prisoners, by Gary Hunter
- Suit Over Suicide At Indian Jail In Washington Settled For $700,000
- New Jersey Auditor: Life Skills Academy Prison Contract Improperly Monitored, by Matthew Clarke
- Record Number of Texas Prison Guards Arrested, by Matthew Clarke
- $143,774.55 Attorney Fee and Costs Award in New York EMSA Suit, by Matthew Clarke
- Kentucky County Settles Prisoner Rape Suit for $1.4 Million
- WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion
- Washington State Waits Too Long to Collect Restitution
- Prisoner’s Death After Restraint Settled By Los Angeles County For $80,000
- Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint, by John Dannenberg
- Audit of California DOC Contracted Healthcare Expenditures Reveals Rampant Waste, Abuse and Management Deficiencies, by Marvin Mentor
- Guards Sue California DOC for Identity Theft by Prisoner Workers
- Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action
- Washington DOC Settles Open Records Suit for $15,000
- Jail Chaplains Scrutinized for Affairs with Female Prisoners
- California DOC Settles With PLN Over Restrictive Publications Policies: Changes Regulations, Pays Damages, by John Dannenberg
- $128,000 Cost Fee Against Former Angolite Editor Reversed
- $110,000 Settlement for North Carolina Prisoner Beaten By Guards
- U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA, by John Dannenberg
- Missouri’s Lethal Injection Protocol Unconstitutional; Executions Stayed
- Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration
- A Devastating Link: Prisoner Rape and the War on Drugs
- Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them
- EPA Fines Pennsylvania DOC $37,000 for Air Violations
- Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses, by Matthew Clarke
- Florida DOC Liable for Legal Copy Costs Not Repaid
- Pennsylvania Prisoner Wins $10,000 On Excessive Force Claim
- Suit For Untreated Diabetic Prisoner’s Death In Los Angeles County Jail Lobby Settled For $700,000
- News in Brief:
- Washington DOC Pays $1.9 Million in Rape-Murder; County Escapes Liability
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
More from these topics:
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- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Taser Use Doubled After Grand Jury Report on Pennsylvania Prisoner’s Death, May 1, 2026. Failure to Treat, Stun Guns/Tasers, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Staff Training.
- Houston Jail Renews $38 Million Contract to Outsource Detainees to Private Lockups, April 1, 2026. Corrections Corporation of America/CoreCivic, Failure to Treat, Overcrowding, Staffing, Medical Neglect/Malpractice.
- New Illinois State Law Requires Prisons to Submit Annual Hospice Reports, April 1, 2026. Systemic Medical Neglect, Cancer, Failure to Treat, State Legislation, Inadequate Health Care Facilities.
- Almost $1 Million in Settlements Paid to Three Nevada Prisoners, April 1, 2026. Cancer, Failure to Treat, Overdetention, Deliberate Indifference.
- Internal Assessment Contradicts Public Claims About Women’s Prisons, April 1, 2026. DOC/BOP misconduct, Failure to Treat, Totality of Conditions, Toxic Fumes/Chemicals, Deliberate Indifference.