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No Administrative Exhaustion for Bivens Suit
Loaded on Oct. 15, 1998
published in Prison Legal News
October, 1998, page 14
No Administrative Exhaustion for Bivens Suits
Filed under:
Eighth Amendment,
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings,
Damages.
Locations:
California,
Colorado.
The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision for an award of money damages. The …
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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- Utah Porn Ban Rescinded; Suit Settled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:
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.

