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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:
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.

