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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:
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Watchdog Calls Out D.C. for Dragging Feet on Construction of New Jail, Aug. 1, 2025. Totality of Conditions, Overcrowding, Ventilation, Exercise, Exposure to Cold, Jail Specific, Lighting, Noise, Vermin, Exposure to Heat, Security Systems.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Solving the Carceral Understaffing Crisis: What Works, What Doesn’t, and Why, July 15, 2025. Work Conditions/Safety, Overcrowding, Staffing, Exposure to Cold, Exposure to Heat.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- 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.