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Excessive Force Claims Not Subject to Exhaustion; Supreme Court Grants Review
Loaded on Dec. 15, 2001
published in Prison Legal News
December, 2001, page 9
The United States Court of Appeals for the Second Circuit held that the exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to assault and excessive force claims.
Filed under:
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings.
Locations:
Connecticut,
Florida.
Connecticut state prisoner Ronald Nussle brought a civil rights action against two guards, alleging that they violated his constitutional ...
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More from this issue:
- Telemarketing and Computer Programs Crash at Utah Prison, by Roger Hummel
- Use of Force, Religious Diet Claims Set for Trial
- From the Editor, by Paul Wright
- Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional
- Administrative Remedies Need Not Identify Wrongdoers
- New Missouri Mega-Prison Mothballed, by Ronald Young
- Connecticut and Florida Change Felon Disenfranchisement Laws
- Staff Shortage in Nation's Prisons, by Gary Hunter
- Excessive Force Claims Not Subject to Exhaustion; Supreme Court Grants Review
- Two Studies Criticize Texas Department of Criminal Justice, by Gary Hunter
- Prison Guard Sentenced in Escape Plot, by Willie Wisely
- Jury Awards Imprisoned KKK Member $55,000 in Texas Jail Beating
- Texas Jury Awards $70,000 in Prison Stabbing, by Ronald Young
- Rape Rarely Prosecuted in Texas Prisons, by Gary Hunter
- Prisoners Stage Sit Down at CCA Run New Mexico Prison, by Gary Hunter
- Arizona CCA Prison Found 'In Turmoil', by Ronald Young
- $1.5 Million Awarded in CDC Medical Neglect Suit
- $100,000 Awarded in Arizona Medical Indifference Case, by Lonnie Burton
- Washington Enacts Sweeping New Sentencing Laws, Creates Parole Board for Sex Offenders, by Lonnie Burton
- Medical Monitoring Suit Settled for $675,000
- Oregon Radiation Suit Settled for $1.5 Million
- Washington Supreme Court Rules Imprisoned Children Entitled to Education, by Patricia Arthur
- Habeas Hints: AEDPA Update 2001, by Kent Russell
- New York DOCS Settles Welfare Suit; Bans Welfare for Work Release Prisoners
- U.S. Supreme Court Holds Violation of IAD's Anti-Shuttling Provisions Requires Dismissal
- Failure to Sign Notice of Appeal Not Jurisdictional
- ADA Claims Against State Cannot Proceed in Federal Court, by John E Dannenberg
- Supreme Court Eliminates "Catalyst Theory" Fee Awards
- Florida DOC Clears Itself of Racism Charges
- Race-Based Religious Policy Unconstitutional
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, by Ronald Young
- PLRA Bars Mental and Emotional Damages for Asbestos Exposure
- News in Brief
- Denial of Treatment for Two Hours Defeats Qualified Immunity
- Arizona Supreme Court Upholds Application of Gate Money Amendments
More from these topics:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- 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.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- 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).
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (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).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- 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.