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Administrative Exhaustion Doesn't Include Judicial Remedies
Loaded on March 15, 1999
published in Prison Legal News
March, 1999, page 12
The court of appeals for the Third circuit held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement does not include judicial exhaustion as well. Hassan Jenkins, a New Jersey state prisoner, filed suit in federal court claiming his due process rights were violated in a prison disciplinary hearing …
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Administrative Exhaustion (PLRA).
Location:
New Jersey.
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More from this issue:
- Cheaper Than Lab Rats: Can Prisoners Glow in the Dark?, by Hans Sherrer
- Former 'Guinea Pigs' Protest
- No Private Rights Under International Treaties
- Book Review: Acres of Skin: Human Experiments at Holmesburg Prison, by Daniel Burton-Rose
- Book Review: Sensible Justice: Alternatives to Prison, by Daniel Burton-Rose
- From the Editor, by Dan Pens
- PLN Sues Utah Jail Over Publication Ban; Suit Settled
- Wisconsin Resists Out-of-State Transfers
- Pro Se Tips and Tactics (Appointment of Counsel), by John Midgley
- No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force
- Administrative Exhaustion Doesn't Include Judicial Remedies
- PLRA "Three Strikes" Provision Upheld and Discussed
- Pennsylvania Consent Decrees Terminated Under PLRA
- Colorado Prisoner Beaten, Not Stabbed
- Florida Nicotine Addiction Suit Settled
- Pennsylvania Supreme Court Draws the Line on Jailhouse Snitches
- Arkansas Sheriff Bent on "Saving" Prisoners
- "Tough" Florida Sheriff Arrested
- Eighth Amendment Applies to Escaped Convicts
- AHCC Bulk Mail Ban in Miniken Settled
- Full Court Overrules Clarke v. Stalder in Part
- Lengthy Ad Seg Is Atypical and Significant Hardship
- Kansas Good Time Rules Violate Ex Post Facto
- Retroactive Kansas Good Time Recalculation Unlawful
- South Carolina Grooming Rules Upheld
- Judicial Sentence of Life in Solitary Upheld
- Warden May Be Liable for Rape
- Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction
- Work-Release Prisoners Eligible to Vote on Union Representation
- News in Brief
- Retaliatory Beating of Prisoner Is Triable Fact Issue
More from these topics:
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- 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.
- 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.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.

