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Former Pennsylvania Prisoner’s Complaint Cures Failure to Exhaust Administrative Remedies
Loaded on Jan. 1, 2021
by David Reutter
published in Prison Legal News
January, 2021, page 54
Filed under:
Administrative Exhaustion,
Civil Rights Actions or Offenses/Bivens Actions.
Location:
Pennsylvania.
by David M. Reutter
The Third Circuit Court of Appeals held that a former Pennsylvania prisoner’s civil rights action was not barred for failing to exhaust administrative remedies. The court found the prison’s grievance policy for a prisoner dealing with an emergency or urgent situation is not bound by the ...
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More from this issue:
- Tougher Than the Rest: No Criminal Justice Reform “Miracle” in Texas, by Marie Gottschalk
- North Carolina Prisoners at Deadliest Federal Prison File Suit on COVID-19 Response, by Matthew Clarke
- From the Editor, by Paul Wright
- Sixth Circuit Grants Qualified Immunity to Sheriff in Tennessee Prisoner’s Assault Case, by David Reutter
- Preliminary Studies: Black/Latino Populations Disproportionately Affected by COVID-19, by Douglas Ankney
- North Carolina Cancer Patient Dies From COVID-19 After BOP Denies Compassionate Release and Sentencing Judge Rejects Appeal, by Derek Gilna
- Federal Lawsuit Claims Texas Jail Released Man When Medical Problems Became Too Much Trouble, Resulting in Coma, by Dale Chappell
- Pandemic Medical Update: The Latest on Vaccines and Prisoners, by Michael D. Cohen, MD
- CoreCivic Sued Over Prisoner Who Committed Suicide in Tennessee Prison, by Matthew Clarke
- Magic as Rehabilitation, by Jayson Hawkins
- In Prisons, the Press Also Yearns to Be Free, by Casey Bastian
- California: Prisoner-Run Journalism Thrives with San Quentin News, Ear Hustle, by David Reutter
- My Ankle Monitor Won’t Let Me Take Out The Garbage, by Eleanor Bader
- Tennessee Juvenile Murderer’s Sentence Commuted, by Edward Lyon
- How Jails Became a Breeding Ground for the Coronavirus, by Keith Sanders
- Charges Finally Announced 32 Months After South Carolina Prison Riot, by David Reutter
- Alabama Court Allows Lawsuit Over Indigent Traffic Offenders Jailed for Not Paying Fines, by David Reutter
- Salt Lake County, Utah, Settles Federal Civil Rights Wrongful Death Claim for $950,000, by Derek Gilna
- Urban Redo: Lorton, Virginia Prison Recreated as Liberty Village, by Kevin Bliss
- Court Rejects Class Status for Nebraska Prisoners Facing Substandard Health Care, by David Reutter
- Seventh Circuit: Nurse’s Deliberate Indifference to Prisoner’s Pain Negates Summary Judgment Grant, by David Reutter
- Second Circuit Reverses Summary Judgment in New York Prisoner’s Due Process Lawsuit, by David Reutter
- St. Louis, Missouri Guard Has History of Taser Abuse, by Daniel A. Rosen
- Former Prisoners Making Less Than Minimum Wage Working for Nonprofit Doe Fund, by Dale Chappell
- South Florida: Jail Hotline Releases Report on Inadequate Health Care During Pandemic, by Saraana Jamraj
- Rapper Sues BOP Alleging Torture, by David Reutter
- As Prison COVID-19 Cases and Deaths Rise, Washington State Supreme Court Looks Away, by Mark Wilson
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- Louisiana’s COVID-19 Prisoner Furlough Panel Next to Useless, by Edward Lyon
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More from David Reutter:
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- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, April 15, 2024
More from these topics:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- 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.
- 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.
- The Good That Prisoner Rights Lawyers Do, Jan. 1, 2024. Editorials, Attorney, Civil Rights Actions or Offenses/Bivens Actions, Civil Rights Violations.
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, Nov. 15, 2023. Gender Discrimination -- Men, Medical, Fifth Amendment, Search and Seizure, Civil Rights Actions or Offenses/Bivens Actions.
- Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process, Aug. 15, 2023. Administrative Exhaustion, Grievances, Rehabilitation Act.
- Seventh Circuit Allows Illinois Prisoner to Prove Administrative Remedy Was “Unavailable” in Double-Celling Complaint, June 15, 2023. Overcrowding, Administrative Exhaustion, Administrative Procedures Act (State).
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023. Administrative Exhaustion, Grievances, Exhaustion of Remedies.
- New Mexico Supreme Court Rules Both Prisoners and Nonprofit Plaintiffs Subject to Requirement to Exhaust Administrative Remedies, April 1, 2023. Administrative Exhaustion.
- Sixth Circuit Says Ohio Prisoner’s Lack of Tablet Access May Have Prevented Grievance Exhaustion, April 1, 2023. Administrative Exhaustion, Grievances, Electronically Stored Information, Access Devices.