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Exhaustion Not Required for Claims of Assault
Loaded on June 15, 2000
published in Prison Legal News
June, 2000, page 24
A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action under Section 1983, and that supervisors are liable ...
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More from this issue:
- The New Bedlam, by Willie Wisely
- From the Editor, by Paul Wright
- Riot at Private Prison
- Pro Se Tips and Tactics, by John Midgley
- Wisconsin Prisoners Rebel at Private Tennessee Prison
- My Statement in Response to the State
- Defiant Texas Death Row Activist Executed
- New York Prisoner Wins $50,000 In Failure To Treat Mental Illness Suit
- $59,177 in Damages and Fees Awarded in Georgia Braille Suit
- Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit, by Ronald Young
- Retaliation Claim Requires Trial
- $15,000 Awarded to Ohio Prisoner Beaten by Guards
- Attica Suit Settled for $12 Million
- Attica Uprising Verdict Reversed
- Illinois Jail Guards Charged with Smuggling Gun
- Women in Prison: GAO Report, by Julia Lutsky
- Marijuana Law, 2nd Edition, by Allan Parmelee
- Federal Judge Hits BOP Mule with Two-by-Four
- Republican Political Prisoners in the North of Ireland, by David Fanning
- Prison Working Conditions Protected by Eighth Amendment
- Mark Cook Freed
- U.S. Supreme Court to Revisit Civil Commitment
- Illinois Phone Suit Dismissed
- West Virginia Prisoners Protest Visit/Phone Restrictions
- Former BOP Director Fingered in Sex Scandal
- Colorado Prison Population Exploding, by Bob Williams
- Four Texas Guards Nabbed in Bribery Sting
- $200,000 Awarded in Michigan Jail Wrongful Medication Suit
- New York Jail Guards Charged with Raping Prisoners
- Washington Restitution Orders Are Invalid After 10 Years
- Oregon Execution Viewing Rules Invalidated
- Exhaustion Not Required for Claims of Assault
- Prison Psychologist Pleads Guilty to Aiding Escape
- News in Brief
- U.S. Parole Commission Bound by Own Rules
More from these topics:
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- California Prisoners Sue Gynecologist for Sexual Abuse, Aug. 1, 2025. Staff-Prisoner Assault, Class Certification.
- $75,000 for Transgender Maryland Prisoner Raped by Guard, Aug. 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act, Failure to Protect (Transgender).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.