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No Administrative Exhaustion Required When AG Won't Give Hearing
Loaded on Oct. 15, 2000
by Paul Wright
published in Prison Legal News
October, 2000, page 23
By Paul Wright
Filed under:
Prosecutor/Attorney General Misconduct,
Medical,
Pain,
Surgery,
Bedding,
Administrative Exhaustion (PLRA).
Location:
New York.
A federal district court in New York held that a medical indifference claim required administrative exhaustion under the Prison Litigation Reform Act (PLRA) even though money damages were not available as a remedy in the prison grievance system. After staying the suit and remanding the case for ...
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More from this issue:
- The Penal System and the U.S. Labor Market, by Bruce Western
- Massachusetts Prisoners' Political Action Committee Floundering
- NH Supreme Court Overturns Prisoner Voting Rights, by Ronald Young
- Habeas Hints: Statute of Limitations, by Kent Russell
- Ohio Prison Food Contract Sparks Controversy
- First Federal Execution Postponed, by Bill Dunne
- Nassau Jail Guards Convicted, Sentenced for Fatal Beating
- No Immunity in Denying Kosher Diet
- Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix
- Nominal Damages Not Monetary Award Under PLRA Attorney's Fees Cap
- $100,000 Settlement in TX Restraint Chair/Pepper Spray Death
- VP's Drug Dealer Still Litigating Retaliation Claim
- California Private Prison Riot, by Willie Wisely
- $50,000 to Settle CA Jail Beating Suit
- Crack in the Federal Scheme: The October Rebellion of 1995, by Bill Dunne
- New Jersey Parole Board Chief Resigns
- Escape Costs Oklahoma Private Prison $304,375
- OK Private Prison Fined $168,750
- Wisconsin Ban on Crosses Struck Down
- HIV+ Detainee States Conditions Claim
- Administrative Exhaustion Required in Bivens Suits
- Claim Exhausted When Prison Refuses Grievance Appeal
- No Administrative Exhaustion Required When AG Won't Give Hearing, by Paul Wright
- Family Wins $12.9 Million Award in Michigan Jail Death Suit, by Ronald Young
- WI DOC Ends Censorship of PLN
- From the Editor, by Paul Wright
- News in Brief
- Arpaio Runs for Reelection on Backs of Prisoners, For the Third Time, by Paul Wright
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- From the Editor, June 1, 2025
- From the Editor, May 1, 2025
- From the Editor, April 1, 2025
- From the Editor, March 1, 2025
- From the Editor, Feb. 15, 2025
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More from these topics:
- 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).
- 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).
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing, Aug. 1, 2025. Failure to Protect (General), Overcrowding, Bedding.
- 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.
- California Attorney Disbarred for Deceiving Prisoners Seeking Resentencing, Aug. 1, 2025. Prosecutor/Attorney General Misconduct, Attorney Misconduct, Counsel - Effective Assistance of.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- 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.
- 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.