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Fifth Circuit Upholds PLRA Exhaustion Requirement
Loaded on June 15, 1999
by Ronald Young
published in Prison Legal News
June, 1999, page 18
The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims were dismissed without prejudice and the prisoner was able ...
Filed under:
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings.
Location:
Texas.
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More from this issue:
- Federal Judge Rules Texas Prisons Still Unconstitutional, PLRA Unconstitutional
- Washington Parole Officer Blown Up
- Prison Madness, by Terry Kupers, MD (Book Review), by Dan Pens
- From the Editor, by Paul Wright
- Indictment: The News Media and the Criminal Justice System (Book Review), by Alex Friedmann
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Private Prison Escape Explained
- Corcoran Prisoner Left Hanging
- Pro Se Tips and Tactics (Discovery), by John Midgley
- Washington Prisoners Damage Colorado Private Prison
- Washington Prisoners Brutalized in Colorado Private Prison, by Waldo Waldron-Ramsey
- CCA - Prison Realty Merger Approved, by Alex Friedmann
- They Killed a Man, Not a Number, by David Hill
- Violence Takes a Toll at New Mexico Wackenhut Prison, by Ronald Young
- CMS Settles Wrongful Death Suit for $75,000
- Court Screening Applies to Paid Suits Too
- Failing to Provide Disabled Prisoner Showers for Two Months Cruel and Unusual
- Judge Throws Out Corcoran Sanctions, by Willie Wisely
- Juveniles Held Hostage for Profit by CSC in Florida, by Alex Friedmann
- Florida Porn Ban Challenged
- Mitigation Instruction and Excluding Indemnification Evidence Reversible Error
- Parole Officials Liable for False Information in Parole Violation Arrest Warrant
- Pardon Satisfies Heck
- Federal Prisoners Must Exhaust Administrative Remedies Before Suing
- Fifth Circuit Upholds PLRA Exhaustion Requirement, by Ronald Young
- Imminent Danger Overrides Three Strikes
- Exhaustion Not Required for Bivens Claim
- Pennsylvania Brutality Suit Settled for $5,000
- The Lucasville Trials, by Staughton Lynd
- Warden's Smoking Ban Violates BOP Rules
- Weapon Possession in Federal Prison Always Considered a "Violent Offense"
- Interstate Compact Violations Not Cognizable Under § 1983
- News in Brief
- Felon Possession of Firearm Nonviolent Offense
- Prisoner May Not File Unsigned Complaint for Another Prisoner
- Error to Dismiss Rule 41(C) Motion Without Allowing Conversion to Bivens Action
More from Ronald Young:
- Private Prison Lobbying Group Founded, Jan. 15, 2002
- Ohio Eliminates Prison Oversight Committee; Reduces Prison Funding, Jan. 15, 2002
- Corrections Corporation of America Announces Closing of Youngstown Prison, Jan. 15, 2002
- Colorado ACLU Settles Restraint Board Suit, Jan. 15, 2002
- New Missouri Mega-Prison Mothballed, Dec. 15, 2001
- Texas Jury Awards $70,000 in Prison Stabbing, Dec. 15, 2001
- Arizona CCA Prison Found 'In Turmoil', Dec. 15, 2001
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, Dec. 15, 2001
- Blind Ohio Prisoner Spends Months in Strip Cell, Nov. 15, 2001
- Mississippi Taxpayers Fund Welfare Payments to Private Prisons, Nov. 15, 2001
More from these topics:
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- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- 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).
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- 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).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- 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.