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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:
- 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.
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison, April 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death).
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.
- “Swing or Kick Rocks”: BOP Guard Alleges Conspiracy to Brutalize Prisoners at Kentucky Lockup, April 1, 2025. Guard Misconduct, Staffing, Guard Brutality/Beatings.
- More New York Guards Suspended After Another Prisoner’s Fatal Beating, April 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- 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.
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025. Guard Brutality/Beatings, Settlements, Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Deliberate Indifference.
- 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.