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Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive
Loaded on Feb. 15, 1998
published in Prison Legal News
February, 1998, page 13
A federal district court in Illinois held that a prisoner's allegations of exposure to extreme cold while confined to a cell states an eighth amendment claim. The court also declined to apply the exhaustion of administrative remedies requirement of the Prison Litigation Reform Act of 1996 (PLRA) retroactively in this ...
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More from this issue:
- Juvenile Crime Pays, by Alex Friedmann
- Bureau of Prisons Gag Rule Enacted
- From the Editor, by Dan Pens
- Washington "Bulk Mail" Ban of PLN Struck Down
- Where to Now For Prison Smoking?, by Paul Wright
- Resources for Smoking Litigation: Health Effects of Smoking; Legal Cases on Smoking
- Actual Injury Required in Legal Mail Claim
- KS S.Ct. Affirms Trust Account "Service Fee"
- No Immunity for Delaying Arthritis Treatment
- Deaf Prisoners in Washington Seek Class-Wide Relief, by David C Fathi
- Union Denounces Prison Labor
- Florida PRIDE Employees Denied Minimum Wages, by James Quigley
- PRIDE Eyes Private Markets
- No Immunity for Florida Private Jail
- PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees
- Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive
- PLRA Attorney Fee Restrictions Not Retroactive
- WSP Ban on Gift Subscriptions Enjoined
- Trial Required in Oklahoma Beating Case
- News in Brief
- New York Prisoner Settles Excessive Force Case for $25,000
- Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned
- 7th Circuit Defines "Serious Medical Needs"
- Inadequate Prison Security Violates 8th Amendment
- Damages Suit Stayed While Habeas Pursued in Disciplinary Hearing Challenge
- Idaho Court Access Class Action Suit Proceeds
- Iowa Prison Nurse Liable in Birthing
- West Virginia Prisoners Lose Computers
- Cold Cell Violates 8th Amendment
- Grand Jury Indicts 45 Texas Prisoners
- Rhode Island Ban on Royalties to Felon Authors Struck Down
- Second Circuit Rules on Appointment of Counsel
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.
- Tenth Alabama Jail Employee Pleads Guilty in Detainee’s Freezing Death, April 1, 2025. Exposure to Cold, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement.
- 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).
- “We Killed Him”: Alabama Jailers Cut Plea Deals After Detainee Freezes to Death, Sept. 15, 2024. Exposure to Cold, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- 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).