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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:
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- 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.