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Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion
Loaded on June 15, 2012
published in Prison Legal News
June, 2012, page 46
Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held on July 26, 2011. In so ruling, the Second Circuit ...
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More from this issue:
- God’s Own Warden: If you ever find yourself inside Louisiana’s Angola prison, Burl Cain will make sure you find Jesus – or regret ever crossing his path, by James Ridgeway
- Angola: A Prison Passion Play, by John Dannenberg
- From the Editor, by Paul Wright
- No Budget Cuts for Federal Prisons, by James Ridgeway
- Death Sentences, Executions Remain at Low Levels, by Justin Miller
- Dallas County Passes Jail Inspections ... Finally
- Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law, by Matthew Clarke
- California Lifers: Deaths Exceed Parole Releases, by John Dannenberg
- Background Checks that Bar Employment of Ex-offenders May Violate Civil Rights
- Class-Action Settlement Cures Constitutional Violations at Pennsylvania Prison
- Hawaii ACLU Files Suit on Behalf of Women Who Want to Marry Prisoners, by Alex Friedmann
- Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted, by Matthew Clarke
- Guard Who Identified Over 100 Prison Rioters Pleads Guilty to Contraband Charge
- Oregon Increases Sex Offender Registration Requirements
- Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act, by Michael Brodheim
- Florida Closes Oldest Boy’s School, Best Known for Abusive Past
- Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers, by Derek Gilna
- Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid
- CCA Anti-Prison Rape Shareholder Resolution Fails to Pass
- Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor”
- Ohio Wrongful Conviction Results in $2.59 Million Settlement
- Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme
- Arizona Jails Refuse to Incarcerate Some Offenders
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- Pennsylvania County Prisons Not Reporting Critical Incidents
- Former BOP Guard Convicted, Sentenced in Murder-for-Hire Case
- Iowa Supreme Court Holds Billing for Fraudulent Prisoner Phone Calls Not a State Law Violation
- No “Strike” Under PLRA When Some Claims are Heard on the Merits, by Brandon Sample
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- Washington Prisoners Have No Right to Inspect Records Under Public Records Act, by Brandon Sample
- Pennsylvania Prison Guard Convicted in Drug Probe, Testifies Against Coworkers
- Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion
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- ACLU Report Proves Smart Criminal Justice Policy Reform is Possible, by David Reutter
- News in Brief
More from these topics:
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby, Feb. 1, 2024. Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- Misadventures in Mail Censorship, Jan. 1, 2024. Administrative Exhaustion (PLRA), Grievances, Mail, Publications/Books, Mail Regulations, Due Process, Censorship, Prison Regulations.
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, Jan. 1, 2024. Administrative Exhaustion (PLRA), Administrative Exhaustion, RLUIPA, Administrative Procedures Act (State), Right to Grow a Beard.
- Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure, Jan. 1, 2024. Prisoner-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances.
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023. Administrative Exhaustion (PLRA), Grievances.
- Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap”, Aug. 15, 2023. Administrative Exhaustion (PLRA), Grievances.