×
You've used up your 3 free articles for this month. Subscribe today.
Administrative Remedies Exhausted When Response Time Elapses
Loaded on Dec. 15, 1999
published in Prison Legal News
December, 1999, page 22
The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded.
Filed under:
Disciplinary Hearings,
False Charges (Disciplinary Hearings),
Failure to Protect (General),
Administrative Exhaustion (PLRA).
Location:
Texas.
42 U.S.C. § 1997e requires that prisoners exhaust available administrative remedies before they can file suit …
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:
- Wackenhut's Woes: Guard Killed in New Mexico Riot; Prisoners Exiled to Virginia Supermax, by Alex Friedmann
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics (Civil Appeals), by John Midgley
- Beaten Attica Prisoner Awarded $70,000
- Lockdown America: Police and Prisons in the Age of Crisis, by Christian Parenti (Review), by Paul Wright
- Maximum Security University, edited by Tom Quinn (Book and Video Review), by Paul Wright
- CDC Settles Corcoran Shooting Suit for $2.2 Million
- Notes from the Unrepenitentiary, by Linda Evans
- CSC Cancels Florida Juvenile Facility Contract
- Stanford University Tests Drugs on Imprisoned Juveniles
- Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional
- Virginia Juvenile Dies of Accidental Heart Attack, by Dan Pens
- Tennessee Prison Guard to Pay $50,000 for Stabbing
- Pelican Bay Guard Indicted in Shooting, by Willie Wisely
- 1999 Washington State Legislative Roundup
- Arizona Can't Seize All Prison Labor Back Wages
- Riots Rock CCA Prison in Oklahoma
- New Jersey Jail Settles Chemical Burn Suit for $900,000
- IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications
- Punitive Shackling Without a Hearing Okay
- Construction Audit Criticizes Oregon DOC
- Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision
- South Dakota Eliminates Law Libraries
- Trial Required in ADA Suit over HIV Medication
- Fifth Circuit Says Rotting to Death in Prison Okay, by Ronald Young
- Many Florida Prison Guards Are Law Breakers
- Administrative Remedies Exhausted When Response Time Elapses
- Sandin Does Not Apply to Pretrial Detainees
- Sleep Deprivation Not Frivolous Claim, by Ronald Young
- Washington Court of Appeals Holds Restitution Orders Invalid
- Illinois Prison Home to Illegal Tire Dump
- Dismissal of Haircut Suits Reversed
- Retaliation Verdict Remanded for Damages
- Prisoner Withstands Summary Judgment on Cell Condition Claim
- Washington Good Time Ban Unconstitutional
- News in Brief
- Satellite Tracks Parolees, by Willie Wisely
More from these topics:
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- Multiple Detainees Escape from Dilapidated North Carolina Jail, July 1, 2026. Guard Misconduct, Failure to Protect (General), Overcrowding, Staffing, Jail Specific, Security Systems, Criminal Justice, Prison Conditions.
- Video Shows Guards Watched as Oklahoma Detainee Died in Cell, July 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death).
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- 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).
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.

