Skip navigation
Prison Legal News
× You've used up your 3 free articles for this month. Subscribe today.

Fourth Circuit Vacates Sua Sponte Dismissal Due to Non-exhaustion

Loaded on March 6, 2018 published in Prison Legal News March, 2018, page 18
Filed under: Civil Procedure, Administrative Exhaustion, Grievances. Location: Virginia.

The Fourth Circuit Court of Appeals has vacated a district court’s sua sponte dismissal of a prisoner’s lawsuit for failure to exhaust available administrative remedies.

The Virginia Department of Corrections’ (VDOC) grievance procedure requires prisoners to first submit an informal complaint. Staff must respond within 15 days. If the informal ...

 

Full article and associated cases available to subscribers.

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. Tenth Circuit: Lengthy Denials of Outdoor Exercise Protected by Qualified Immunity
  2. From Cages to the Community: Prison Profiteers and the Treatment Industrial Complex, by Christopher Zoukis
  3. Federal Judge Grants Compassionate Release but Questions BOP’s Motivation, by Christopher Zoukis
  4. $5 Million Settlement After Mentally Ill Prisoner Dies in Restraint, by Christopher Zoukis
  5. Federal Lawsuit Filed in Dehydration Death at Wisconsin Jail; Three Jailers Charged
  6. Major Scabies Outbreak at CoreCivic Facility in Tennessee, by David Reutter
  7. Prison Doctor Dies of Legionnaires’ Disease
  8. Texas State Prisoners Fight for Access to Kosher Meals, by Matthew Clarke
  9. Kansas DOC Underestimates Cost of New Prison by $51 Million, by Christopher Zoukis
  10. $27,000 Settles California Prisoner Pro Se Civil Rights Suit, by Derek Gilna
  11. DHS Report Shows “Significant Prison Population of Incarcerated Aliens”, by Christopher Zoukis
  12. Kansas DOC Raids Inmate Benefit Fund for $6.7 Million, by Matthew Clarke
  13. Indictment Alleges Prison Healthcare Company Bribed Texas State Senator, by Matthew Clarke
  14. Oregon Jail 'Tortures' Mentally Ill Prisoners
  15. Statute of Limitations for Oregon Child Sex Abuse Claims Expires at Age 40, Not 24
  16. Two Georgia Prison Transport Guards Slain, by David Reutter
  17. Alabama Sheriff Fights to Keep Extra Funds Meant to Feed Prisoners
  18. Despite Suicides, Jails Replace In-person Visitation with Video Screens, by Mike Ludwig
  19. Georgia Toddler Initially Denied Kidney Due to Father’s Parole Violation, by Monte McCoin
  20. Florida Prisoners with Disabilities to Receive Accommodations Under Settlement, by David Reutter
  21. Alaska: Jurors’ Explanation of Negligence Verdict Doesn’t Warrant New Trial
  22. Illinois Sheriff Settles Federal Class-action Suit Over Strip Searches
  23. Summary Judgment Reversed for Delay in Treating Prisoner in Extreme Pain
  24. First-time Burglary Offender Eligible for Pennsylvania DOC’s Recidivism Program
  25. Report Finds Texas Death Row Conditions Violate Basic Human Rights, by Matthew Clarke
  26. Idaho DOC Uses Prisoner Volunteers for Suicide Watches, by Matthew Clarke
  27. $125,000 Settlement After Failure to Protect Verdict in Virginia
  28. Illinois Prisoner’s Petition Challenging Disciplinary Report States Cause of Action
  29. Oregon Court: Dismissals Are “Strikes” While Pending on Appeal
  30. Contempt Motion Filed after Pennsylvania Officials Refuse to Release Detainee
  31. PLRA Strikes Accruing After Notice of Appeal Do Not Count to Determine IFP Eligibility
  32. Virginia Prisoner’s Name Change Request for Religious Purpose Requires Hearing
  33. Mississippi Attorney General Settles with Third Company in Epps Bribery Scandal, by Monte McCoin
  34. California: State Immune from Bane Act Claim for Valley Fever Exposure
  35. Pervasive Masturbation in Cook County Jail Spurs Class-action Suits, Injunction, by Monte McCoin
  36. $35,000 Settlement in Kentucky Excessive Force Suit
  37. $5 Million Settles Jail Detainee’s Death
  38. Will “Dunkirk’s” Use of Prison Labor in Set Construction Disqualify it from the Oscars?
  39. Hopes of Prosperity from Jail Boom has Kentucky County in Financial Trouble
  40. Tennessee Drug Court Judge Imprisons Participants for Smoking Cigarettes, by Monte McCoin
  41. Despite AG’s Policy Change, OIG Reviews “Smart on Crime” Initiative, by Derek Gilna
  42. Illinois Taxpayers Still Paying for a Paid-off Jail, by Monte McCoin
  43. $242,500 Settles Jail Rape Suit in Okla.
  44. $111,000 Settlement for Wrongfully Incarcerated Ohio Prisoner
  45. $25,000 Settlement to Colorado Jail Prisoner Denied a Quran
  46. Pregnant Prisoners Offered Adoption Choice: An Act of Love or Exploitation?
  47. Ineffective Treatment of Ohio Prisoner’s Psoriasis Defeats Summary Judgment
  48. Oregon Parole Board Cannot Postpone Elapsed Release Date
  49. San Quentin’s “Ear Hustle” Podcast Makes History, Receives Praise, by Monte McCoin
  50. Overworked South Koreans Relax at Prison-themed Retreat, by Monte McCoin
  51. Alaska DOC’s 1990 Prison Conditions Settlement Still Enforceable
  52. Declaratory Judgment in Mississippi Case Challenging Indefinite Jail Detention, by Matthew Clarke
  53. Four Guilty in Federal Student Loan Scam Using Prisoners’ Identities, by Monte McCoin
  54. Two Cellmates Die at Private Louisiana Jail, by David Reutter
  55. $50,000 Damage Award Garnished for Restitution Payment
  56. Settlements in Arizona DOC, BOP Lawsuits Over Release Debit Card Fees, by Derek Gilna
  57. Fourth Circuit Vacates Sua Sponte Dismissal Due to Non-exhaustion
  58. Deaths Soar 600 Percent at Nevada Jail Under New Sheriff
  59. Ohio Experiences Continued Problems with Aramark, by Christopher Zoukis
  60. From the Editor, by Paul Wright
  61. Fifth Circuit Okays Mississippi County’s Strip Search of 12-Year-Old Girl
  62. PCI Announces Awards for Private Prison Activism, Advocacy, News Reporting
  63. News in Brief

More from these topics: