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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, Aug. 1, 2026
- From the Editor, July 1, 2026
- From the Editor, June 1, 2026
- From the Editor, May 1, 2026
- From the Editor, April 1, 2026
- From the Editor, March 1, 2026
- From the Editor, Feb. 1, 2026
- From the Editor, Jan. 1, 2026
- From the Editor, Dec. 1, 2025
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More from these topics:
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Tennessee Calls Off Execution After Botched Lethal Injection, July 1, 2026. Medical Misconduct, Pain, Staff Training, Cruel and Unusual Punishment, Lethal Injection Method of Execution.
- 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.
- ACLU Threatens New Lawsuit After Indiana County’s Repeated Failures to Abide by 17-Year-Old Settlement Agreement, May 1, 2026. Overcrowding, Exercise, Sanitation, Bedding, Settlements.

