×
You've used up your 3 free articles for this month. Subscribe today.
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.
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:
- 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:
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.