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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
More from Paul Wright:
- From the Editor, May 1, 2025
- From the Editor, April 1, 2025
- From the Editor, March 1, 2025
- From the Editor, Feb. 15, 2025
- From the Editor, Jan. 15, 2025
- Bruce Johnson 1950–2024, Sept. 15, 2024
- From the Editor, Sept. 15, 2024
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More from these topics:
- 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.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule, April 1, 2025. Medication, Administrative Exhaustion (PLRA), Pending Appeals.
- Nebraska Supreme Court Spanks Attorney General, Orders Felons Be Allowed to Vote, March 1, 2025. Prosecutor/Attorney General Misconduct, Attorney Misconduct, Felon Disenfranchisement Statute.
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024. Medical, Wrongful Death, Mental Health.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders, Oct. 1, 2024. Sex Offenders (Discrimination), Surgery, Sex Offender Treatment, Chemical Castration.
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).