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Administrative Exhaustion Required in all Cases
Loaded on Sept. 15, 1999
published in Prison Legal News
September, 1999, page 18
A federal district court in New York held that a prisoner claiming guards beat him was required to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e. This case is especially useful because it summarizes all the conflicting rulings on this issue. To avoid procedural tangles PLN has consistently ...
Filed under:
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings.
Location:
New York.
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More from this issue:
- Wreaking Medical Mayhem in Washington Prisons, by Tara Herivel
- A Foul Trend Emerges, by Tara Herivel
- Is Health Care Too Much to Ask For?, by Silja JA Talvi
- Ex-Prisoner Gets $850,000 for Broken Neck
- Arkansas Department of Corruption Revealed
- County Jail Political Shenanigans, Corruption Revealed
- From the Editor, by Dan Pens
- Crime and Punishment in America, by Elliot Currie (Review), by H Bruce Franklin
- The Way the Wind Blew: A History of the Weather Underground, by Ron Jacobs (Review), by Paul Wright
- Texas Prison Warehouses (Letter), by DG "Tex" Hoffman
- Beaten Connecticut Jail Detainee Awarded $2.07 Million
- Missouri Proposes $2.2 Million Settlement
- New Mexico Riot Rooted in Religious Rights
- Rikers Island Detainee Shot
- Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures
- Prison Realty Board Member Settles Ethics Complaints
- West Virginia DOC Commissioner Resigns After Beating Wife
- Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack
- Texas Jail Whistleblower Awarded $3.3 Million
- Washington 35% Spousal Suit Update
- Arizona DOC Settles Kosher Diet Suit
- US Supreme Court Holds Media Ride-Alongs Unconstitutional
- Transsexual Awarded $755,000 in Jail Strip Search
- PLRA Physical Injury Requirement Constitutional, by James Quigley
- Tobacco Smoke Exposure Requires Trial
- DC Circuit Lifts Injunction on BOP Porn Ban
- De Novo Review for § 1915A Dismissals
- Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
- Three Strikes Upheld by Ninth Circuit
- Administrative Exhaustion Required in all Cases
- State Court Dismissals Don't Count as Strikes
- Automatic Stay Provision Unconstitutional
- Total Administrative Exhaustion Not Required
- No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
- No Written Screening or Administrative Exhaustion Required
- Physical Injury Requirement Doesn't Apply to Court Access Claims
- Fact Issue of Physical Injury Precludes Summary Judgment, by Ronald Young
- Wright Dismissed on Remand
- Private Prison Denied Wiretap Exception
- No Court Access Right to Litigate Civil Forfeiture
- Prisoners Have First Amendment Right to Private Conversations with Their Attorneys
- Liberty Interest in Erroneous Parole Release, by Ronald Young
- Prisoner Suing Prison Physician for Deliberate Indifference
- Prisoner Can Attend His Civil Trial at Government Expense
- Stun Belts in Court Unconstitutional
- Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2)
- Lack of Standing Eviscerates Court Access Class Action
- News in Brief
- PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
- Denial of Exercise Is "Atypical and Significant"
More from these topics:
- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards, May 1, 2025. Guard Misconduct, Videotaping, Guard Brutality/Beatings.
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 20 Charged in Nevada Prison Brawl That Left Three Dead, May 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison, April 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death).