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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:
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- 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.