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CA Tort Claim Not Required for Administrative Exhaustion
Loaded on Aug. 15, 1998
published in Prison Legal News
August, 1998, page 13
CA Tort Claim Not Required for Administrative Exhaustion: A federal district court in California held that it is not necessary for CDC prisoners to submit a California Tort Claims Act (CTCA) complaint to the state Board of Control before filing suit under 42 U.S.C. § 1983. 42 U.S.C. § 1997e(a) …
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More from this issue:
- Through the Civil Commitment Looking Glass, by Tamara Menteer
- A Zoo Within a Prison
- CCA Sells Self; Wackenhut Creates REIT
- From the Editor, by Dan Pens
- NJ Prisoners Refuse to Swallow PINs
- Idaho Law Libraries Closed, Pillaged, by M.M.
- STGMU-tized in New Jersey, by T.R.
- Notes from the Unrepenitentiary, by Laura Whitehorn
- MCI Refund to Florida Prisoner Families
- Los Angeles Jail Death Ruled Homicide
- The Tough-On-Crime Myth: Real Solutions to Cut Crime, by Daniel Burton-Rose
- The Real War on Crime: The Report of the National Criminal Justice Commission (Book Review), by Daniel Burton-Rose
- The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice, by Daniel Burton-Rose
- Union County, NJ, Jail Guards Convicted
- PLRA Finding Required for Injunctive Relief
- Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief
- TDCJ PLRA Forms Okay
- CA Tort Claim Not Required for Administrative Exhaustion
- Consent Decree Termination Upheld
- Dismissal for Lying About Poverty Affirmed
- PLRA Filing fees Don't Apply to Civil Commitments
- PLRA Fees Don't Apply to Mandamus
- $22,500 to Seattle WA Jail Brutality Suit
- Proof of Administrative Exhaustion Required
- Mock Prison Riot Staged
- Racism in the Ranks, by Willie Wisely
- WA Prison Telemarketing Elicits Controversy - Again, by Paul Wright
- CBCC Warden Fired in Telemarketing Hoopla
- Bureau of Prisons Estopped from Denying Sentence Reduction
- Sentence Runs During Wrongful Release
- U.S. Supreme Court Clarifies § 1983 Claims, by David C Fathi
- Jericho: Thoughts From Political Prisoners in Leavenworth, by Jaan Laaman
- Jericho '98 March and Rally
- Convict Mine Labor in the Information Age, by Dan Pens
- Cheaper to Exile Prisoners?, by Dan Pens
- Prisons Promoting Tourism, by Alex Friedmann
- Jailers Charged in Bribery, Kickback Schemes
- WI Predator-Law Poster Boy Gets Released
- WI Guard Settles Discrimination Suit for $105,000
- News in Brief
- Mailbox Rule Applied to Habeas Petitions
- WA DOC Investigators Can't Detain Visitors: Drugs Suppressed
- Oregon Guard Pleads Guilty to Perjury
- Risk of Serious Harm States Claim
- Disciplinary Hearing Violations Enjoined
- Probable Cause Required for Visitor Body Cavity Search
More from these topics:
- 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).
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Appeals Court Allows Illinois Prisoner’s Suit for Failure to Exhaust Administrative Remedies, Nov. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Summary Judgment, 42 U.S. Code § 1983, civil action for deprivation of rights, Hearsay Evidence/Exceptions.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.