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Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits
Loaded on Feb. 15, 1999
published in Prison Legal News
February, 1999, page 7
In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a prisoner's civil rights suit for failure to exhaust administrative remedies prior to filing the suit. ...
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More from this issue:
- Our Sisters' Keepers, by Daniel Burton-Rose
- Human Rights Report Details Women in Prison
- Campaign to End Slavery in American Prisons
- From the Editor, by Paul Wright
- Book Review: Breaking the Walls of Silence, by Laura Whitehorn
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Felony Trial for Planted Knife Is Malicious Prosecution
- Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional
- Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits
- New York Prison Guard Nailed with DNA Evidence
- California Guards Indicted in Rapes, by Willie Wisely
- Virginia Prison "Fire Trap" Finding Reversed
- Threats to File Grievances Protected
- University Professor Shills for Private Prison Industry, by Alex Friedmann
- Samuels v. Mockry Reversed Once Again
- Scott Superceded
- Washington 35% Statute Upheld in State Court
- Settlement in Washington State Deaf Prisoners' Lawsuit, by Jeff Crollard
- Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling, by Leonard Feldman
- California Gas Chamber Ruling Vacated
- PLN Writer Settles Nude Photo Suit for $3,000
- Illinois Sheriffs Are County Employees
- Guard Socked for $37,500 in Vendetta
- Rikers Island Brutality Suit Settled, by Jonathan Chasan
- Victim of Guard Rape Awarded $50,000
- Abuse of Discretion to Dismiss Medical Suit
- Abuse of Prisoners Confirmed at CCA Facility
- Eighth Circuit Reinstates $80,000 Damage Award in Rape Case
- No Credit for Time Served on Wrongful Conviction
- Parole Officer Recommendation Not Protected by Absolute Immunity
- Cancellation of TDCJ/VitaPro Contract Reversed
- Trial Required in Wisconsin Excessive Force Suit
- No Right to Mutual Legal Assistance in 11th Circuit
- Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA
- Colorado Contraband Rule Requires Visitor Notice
- Indiana Jail Ban on Publications Struck Down
- News in Brief
- Arizona Jail Porn Ban Struck Down
- Temporary Injunction Issued to Prevent Sex Offender Notification to Employer
- Spencer Applied to Parolee's § 1983 Claim
More from these topics:
- 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).
- 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).
- 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.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule, April 1, 2025. Medication, Administrative Exhaustion (PLRA), Pending Appeals.