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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:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- 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).
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- 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).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- 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.