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Failure to Exhaust Administrative Remedies Not Jurisdictional
Loaded on Nov. 15, 1998
published in Prison Legal News
November, 1998, page 9
A federal district court in California held that 42 U.S.C. § 1997e(a) is not a jurisdictional prerequisite for federal courts to hear prisoner lawsuits; administrative exhaustion under that statute is not required when a prisoner seeks money damages as relief and the prison grievance system does not provide for money ...
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More from this issue:
- Virginia Prisons 'Wide Open to Business', by Dan Pens
- State Audit Exposes VCE Mismanagement
- Texas May Not Retroactively Stop Mandatory Release
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Restorative Justice Booklet Available, by Dan Pens
- Youngstown Break-Out Leads to Political, Financial Fall-Out, by Alex Friedmann
- Fired SCI Greene Guards Regain Jobs
- News in Brief
- No Refund of PLRA Fees
- PLRA Termination Provision Constitutional in Eleventh Circuit
- MT Prisoners Win Damages and Fees in Riot Suit
- No Exhaustion Required in Guard Attack
- Failure to Exhaust Administrative Remedies Not Jurisdictional
- State Auditor Blasts Texas Correctional Industries
- DC Circuit Resurrects Hewitt v. Helms
- Abuses Continue at Private INS Facility, by Alex Friedmann
- NY Seg Case Dismissed on Remand
- With Advocates Lke These: Capitulation, Collaboration and CURE-Ohio, by Paul Wright
- Texas Prisoners Bake to Death, by Alex Friedmann
- No Immunity in Failure to Protect Informant Suit
- Hawaii Prisoners Challenge 'Sex Offender' Label
- NC AG Opinions Reversed in Consecutive Sentence Servitude, by Roger Grubb
- Washington Good Time Loss Implicates Due Process
- Medical Restraint Requires Doctor's Supervision
- Successive Texas Habeas Corpus Defined
- ADA/RA Apply to Jails and Give Deaf Right to TDD
- No Qualified Immunity for Private Health Care Provider
- Liberty Interest Created By Fine
- Holding Pretrial Detainee in Prison May Violate Due Process
- Colorado Supreme Court Holds Utility Commission Lacks Jurisdiction Over Prison Phone Gouging
- BOP Sentence Reduction Granted to Non-Violent Offender
- Trial Required in Kosher Diet Claim
- D.C. Smoking Injunction Reversed
- Segregation Requires Less Due Process
- $28,719 Assessed Against Pro Se Litigant
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.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- 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.
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025. Injury -- Misc., Drug/Alcohol Withdrawal, Medical Neglect/Malpractice.
- 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).
- Wellpath and VitalCore Skip Paying Nearly $2 Million in Settlements in South Carolina, June 1, 2025. Staff-Prisoner Assault, Systemic Medical Neglect, Injury -- Misc., Private Contractors.
- 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.