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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- Scott Superceded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:
- 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.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Colorado Program Employs Prisoners as Professors, July 1, 2024. Work, Education, Rehabilitation/Recidivism, Release and Reentry.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024. Work, Inability to Work, Statistics/Trends.