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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:
- 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.
- Federal Jury Awards $2,500 to Male Wisconsin Prisoner Sexually Assaulted by Female Guard, June 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Evidence, Prison Rape Elimination Act, Cruel and Unusual Punishment.
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliatory Segregation, Prison Rape Elimination Act.
- 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).
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Idaho Struggles to Respond to Devasting Report of Widespread Prisoner Sex Abuse, April 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, State Legislation, Public Records Act.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Private Prison Firm GEO Group Reports Record $254 Million Profit After New ICE Contracts, March 1, 2026. Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Systemic Medical Neglect, Immigration Detention.

