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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:
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- 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.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Warden, Four Other Louisiana Jailers Indicted for Brutalizing Compliant Detainees with Riot Shield, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Wrongful Use of Force.
- 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.
- $112,500 Paid to Former New Mexico Prisoner Denied Public Records of Excessive Force by Guards, June 1, 2026. DOC/BOP misconduct, Guard Brutality/Beatings, Settlements, Public Records Act, False Imprisonment.
- $75,000 for Pennsylvania Prisoner’s Excessive Force Claim Against Jail Guard, June 1, 2026. Failure to Treat, Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability, Wrongful Use of Force.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- 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).

