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FRCP 12(b)(6) Standard Applied to PLRA Dismissals
Loaded on Oct. 15, 1998
published in Prison Legal News
October, 1998, page 15
The court of appeals for the Fifth circuit held that district court dismissals of prisoner lawsuits for failure to state a claim under 42 U.S.C. § 1997e(c) are subject to de novo review on appeal under the Federal Rules of Civil Procedure (FRCP) 12(b)(6) standard. Timothy Bazrowx, a Texas state …
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More from this issue:
- Arizona DOC Paralegal Fraud: Law Libraries Closed, Replaced by Scam Artists, by Dan Pens
- Arizona Paralegals Obstruct Court Access
- Nine Florida Prison Guards Indicted, Fired
- From the Editor, by Dan Pens
- Loompanics Unlimited, by Paul Wright
- Book Review: Project Censored: The News That Didn't Make the News, by Paul Wright
- Texas State Symbol Sewn by Slaves
- Anatomy of a Whitewash, by Mumia Abu-Jamal
- Serious Crime Down Again
- Corcoran Prison Sex, Lies, and Videotape, by Willie Wisely
- The Buck Stops Where?, by Alex Friedmann
- Devil's Island Redux
- Georgia Brutality Suit Settled for $283,500
- Georgia DOC Turns to Private Prisons, by Alex Friedmann
- Ohio Sells Prison Records
- PLRA Physical Injury Requirement Does Not Apply to Ex-Cons
- No Administrative Exhaustion for Bivens Suit
- FRCP 12(b)(6) Standard Applied to PLRA Dismissals
- No Exhaustion Required for Money Damage Claims
- Maryland Indigent Court Cost Suit Settled
- Utah Porn Ban Rescinded; Suit Settled
- Wisconsin Transfers Spark Protest
- Ohio Union Officials Protest Prison Labor
- Phone Profits 'Benefit' Jail Detainees
- Manslaughter Charges Against Three TX Guards Dismissed
- CT Prisoners Pinched for Cost of Imprisonment
- Four Indicted in Videotaped Brazoria Jail Beatings
- Sign Language Interpreters Required in Missouri
- UNICOR Worker Receives $928.32 for Lost Hand
- Private Health Care Providers Denied Qualified Immunity
- FL DOC Violates Individuals with Disabilities Education Act
- Sandin Analysis Hinges on Punishment Actually Imposed
- New Trial After Magistrate Conducts Jury Selection
- Trial Required in New Jersey Diabetic Care Suit
- Prisoner Attendance at Depositions Discussed
- California Lifers Covered by Tolling Statute
- Garnishment Proceeding Part of Underlying § 1983 Action
- Fifth Circuit Expands Qualified Immunity Defense
- News in Brief
- Kansas Prisoners Entitled to Halfway House Credits
- Amnesty International Seeks Human Rights Abuse Info
- Denial of Legal Materials Sent by Relatives Upheld
- Failure to Protect in Prison Fight Violates 8th Amendment
- Alabama Counties Not Liable for Jail Conditions
- Nebraska Prisoners Have Right to Defend Against Suit
More from these topics:
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- California’s Attorney General Is Suing Los Angeles County Jails Over “Inhumane Conditions”, Nov. 1, 2025. Jail Misconduct, Totality of Conditions, Food, Overcrowding, Exposure to Cold, Plumbing, Sewage, Sanitation, Hygiene Supplies, Vermin, Exposure to Heat, Guard Brutality/Beatings, Complaints, Consent Decrees, Failure to Treat (Mental Illness).
- Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit, Nov. 1, 2025. Filing Fees (PLRA), Frivolous Litigation, Sovereign Immunity, Access To Courts.
- Ninth Circuit Springs California Prisoners from “Catch-22” Reading of PLRA, Oct. 1, 2025. Filing Fees (PLRA), Mental Health.
- Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder, Sept. 15, 2024. Complaints, Drug Treatment/Rehab, Drug Testing/Treatment Programs.
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.

