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No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force
Loaded on March 15, 1999
published in Prison Legal News
March, 1999, page 12
Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. One court also held that prison officials were not entitled to qualified immunity for beating a prisoner …
Filed under:
Strip Searches,
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings,
Pepper Spray/Tear Gas,
Qualified Immunity.
Location:
Illinois.
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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:
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Punished for Bleeding: How Periods in Prison Become a Trap, Feb. 1, 2026. Guard Misconduct, Gender Discrimination -- Women, Strip Searches, Hygiene Supplies, Discrimination (Transgender).
- 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.
- $600,000 Awarded So Far in Disgraced Georgia Sheriff’s Trial for Abusing Detainee in Restraint Chair, Jan. 1, 2026. Exposure to Cold, Restraints, Qualified Immunity, Damages - Compensatory, Wrongful Use of Force.