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Administrative Exhaustion Requirements Not Retroactive
Loaded on July 15, 1997
published in Prison Legal News
July, 1997, page 10
The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a), which requires prisoners to exhaust administrative remedies before filing suit in federal court do not apply to cases pending on April 24, 1996, when the PLRA was signed into law, creating the exhaustion requirement. This case ...
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More from this issue:
- Edwards v. Balisok: A Partial Victory for Prisoners, by David C Fathi
- Not All Things Considered
- From the Editor, by Dan Pens
- Ruchell Cinque Magee: Sole Survivor Still, by Mumia Abu-Jamal
- Trouble Coming Every Day; ADX-The First Year, by Ray Luc Levasseur
- Prisoners Roasted Alive
- Prison Pay Policy May Violate Court Access
- Administrative Exhaustion Requirements Not Retroactive
- Automatic Stay Provisions
- PLRA Filing Fees Not Applicable to Habeas
- Filing Fees Required in Civil Mandamus
- Consent Decree Termination
- Special Masters
- 6th Circuit Upholds PLRA IFP Provisions
- PLRA Doesn't Apply to Immigration Detainees
- Physical Injury Requirement Not Retroactive
- A Matter of Fact
- New York Smoking Suit Set for Trial
- Puerto Rican POW 'Graduated' from ADX Florence to USP Marion, by Daniel Burton-Rose
- Washington Prisoner Escapes from State's Most Secure Lockup
- Private Prison Disciplinary Action Subject to Colorado Court Review
- Judge Rules Texas Prisoner's Death a Result of Excessive Force
- Prisoners of Colonialism: The Struggle for Justice in Puerto Rico, by Daniel Burton-Rose
- In Defense of Mumia, by Daniel Burton-Rose
- Death Blossoms, by Mark Cook
- Suit Seeks to Expose BOP 'Suicide' Cover-up
- Jury Trial May Require Plaintiffs' Presence
- Hygiene and Retaliation Claims Require Trial
- Lucasville Uprising: $4.1 Million Settlement
- Plight of Undertrial Prisoners in India, by Sankar Sen
- News in Brief
- State Must Pay for Prisoner Witnesses
More from these topics:
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule, April 1, 2025. Medication, Administrative Exhaustion (PLRA), Pending Appeals.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.