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No Exhaustion Required in Guard Attack
Loaded on Nov. 15, 1998
published in Prison Legal News
November, 1998, page 9
A federal district court in New York held that 42 U.S.C. § 1997e of the PLRA did not require a prisoner to exhaust administrative remedies before filing suit over being beaten by prison guards. Candido Rodriguez is a New York state prisoner who filed suit claiming prison guards beat, kicked ...
Filed under:
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings.
Location:
New York.
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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:
- Houston Police Fire Former Jail Guard Filmed Brutalizing Detainees, Charges Against Three Other Guards Dropped, March 1, 2025. Videotaping, Guard Brutality/Beatings, Relevant Conduct.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
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- Lawsuit Over Death or Severe Injury of 29 Houston Jail Detainees Survives Motion to Dismiss, Jan. 15, 2025. Guard Brutality/Beatings, Wrongful Death, Excessive Force (Police).
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