×
You've used up your 3 free articles for this month. Subscribe today.
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 …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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- Utah Porn Ban Rescinded; Suit Settled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:
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.
- San Diego Guard Sentenced for Shoving a Shackled Detainee, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, False Statements/Perjury, Wrongful Use of Force.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.